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TMI Blog2017 (4) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of default till the date of actual tax paid by the hospitals. Even the circular No. 8 /2009 dated 24/11/2009 also said that the liability to charge interest under section 201 (1A) of the income tax act shall rest up to payment of taxes by the deductee on the assessee. In view of this we restore the issue of charging interest under section 201 (1A) to the file of the Ld. assessing officer to work out the interest from the date of default till the date of tax paid by the hospitals in each such case of default. The assessee is also directed to cooperate by furnishing the requisite details of the date of default and the date of payment of taxes by the hospitals for working out the interest chargeable under section 201 (1A) of the act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d balance certificates were unable to obtain due to logistic issues hence the interest charged be deleted. 04. The appellant is a company engaged in the business of providing third-party administrative services to insurance companies for the purpose of servicing their policyholders. One of the principal activity in relation to such services facilitation of cashless excess, processing and settlement of Medicaid is on behalf of insurance company. In the course of providing this cashless services. He appellant discharges obligation of insured persons towards the hospital for getting treatment under the policy terms. The entire issue involved in this order relates to non-deduction of tax under section 194J on the payments made by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by the appellant from the hospitals. He confirmed a sum of ₹ 2 49678 pertaining to miscellaneous matters related to tax deduction at source. Both the parties. Aggrieved by the order of the Ld. CIT A has preferred an appeal before us. 05. In the appeal of the revenue only ground is that the Ld. CIT (A) has erred in agreeing to the contention of the assessee that the interest should have been charged only till the date of payment of tax and not till the date on which the deduct is filed the return of income. 06. Both the parties agreed before us that the issue is now squarely covered by the decision of the coordinate bench in case of Genins India TPA Ltd versus assistant Commissioner of income tax open bracket TDS), circle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer dated 24/01/2017 wherein the Ld. assessing officer has upheld the tax liability amounting to ₹ 9 256817/ . The assessee reiterated the same contentions which were raised before the Ld. assessing officers stating that considering the substantial value 88% of the total value which is being verified with the copy of the return of income, no interest should be agreed on that total value. In nutshell, the argument of the assessee is that when 95% of the certificates were produced and balance certificates could not be produced due to logistic and the interest charge may be deleted. 11. Ld. departmental representative vehemently objected to that and submitted that the order of the coordinate bench was that that interest under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at full amount of taxes a been paid by the pays to the government. And similarly, the assessee has also not provided CA certificates at the time of assessment, but now provided before the Ld. assessing officer for a sum of ₹ 52467050/ and there also the assessee has submitted that there will not be any interest liability is the return of the payee is provided shows that the full amount of taxes have been paid to the government. According to the decision of the coordinate bench interest under section 201 (1A) can be charged from the deductor for failure to deduct tax from the date of default till the date of actual tax paid by the hospitals. Whereas, the Ld. assessing officer has charged interest up to 31st of March 2010 for the reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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