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TMI Blog2016 (1) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... S deposited is shown at ₹ 5,79,983/- and accordingly assessee has been treated as assessee in default for low tax deposit of ₹ 1,30,180/- and coupled with interest of ₹ 83,250/- demand of ₹ 2,14,330/- has been raised. The ld. AR of the assessee submitted that the assessee has actually deducted ₹ 5,79,983/- and has deposited the same and has also revised the TDS return by filing correction statement with NSDL and accepted by NSDL. We are, therefore, of the view that with reference to the provisions of the Act duly supported by the Centralized Processing of statement of TDS Scheme 2013 referred above, the assessee is entitled to revise the TDS return and once this TDS return has been accepted by NSDL then the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revised corrected statement filed is also accepted by NSDL. 2. Briefly stated the assessee company possesses TAN AHMA04316E and is regularly filing its TDS return. This appeal is related to the order u/s 201(1)/201(1A) passed by the Assessing Officer after assessing the TDS return of quarter 3rd relevant to F.Y. 2007-08 i.e. Asst. Year 2008-09 and thereby raising demand of ₹ 2,14,330/- which includes demand of interest of ₹ 83,250/-. Appeal before CIT(A) could not bring any relief to the assessee. 3. Aggrieved, assessee is now in appeal before the Tribunal. 4. Both the grounds are inter-related, so we take up them together for the sake of convenience. 5. The ld. AR submitted that assessee filed its TDS return for qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee. 8. TDS returns are required to be filed under the provisions of section 200 of the Act. These TDS returns were being previously filed manually and thereafter Income-tax Department outsourced the filing and processing work of such TDS returns through various agencies who are authorized by Director General (I.T. System) to receive the statement of TDS or correction statement of TDS which in this case is NSDL. Further CBDT vide its Notification no.3/2013 (F.142/39/2012- SO (TPL) dated 15.1.2013 introduced Centralized Processing of statement of TDS Scheme 2013, for smooth functioning of the TDS related work which includes accepting of quarterly TDS statement, accepting of correction statement, maintaining of data of TDS depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inistrative requirements. Rectification of mistake 6. (1) An Income-tax authority of the Cell may, with a view to rectifying any mistake apparent from the record under section 154 of the Act, on its own motion or on receiving an application from the deductor, amend any order or intimation passed or sent by it under the Act. (2) An application for rectification shall be furnished in the form and manner specified by the Director General. (3) Where a rectification has the effect of reducing the refund or increasing the liability of the deductor, an intimation to this effect shall be sent to the deductor electronically by the Cell and the reply of the deductor shall be furnished in the form and manner specified by the Director Gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has actually deducted ₹ 5,79,983/- and has deposited the same and has also revised the TDS return by filing correction statement with NSDL and accepted by NSDL. 11. We are, therefore, of the view that with reference to the provisions of the Act duly supported by the Centralized Processing of statement of TDS Scheme 2013 referred above, the assessee is entitled to revise the TDS return and once this TDS return has been accepted by NSDL then the correct amount of TDS by the assessee for quarter 3rd will stand at ₹ 5,79,983/- and to verify this fact, we set aside the matter to the file of Assessing Officer with the instruction to give proper opportunity to the assessee who will appear before the Assessing Officer with pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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