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TMI Blog2020 (2) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2004-05 is dismissed. AY 2005-06 - DR submitted that the payment has been made subsequent to the order passed u/s. 201(1) 201(1A) and there is no point in remitting the issue to the file of the Assessing Officer - The impugned order u/s. 201(1) and 201(1A) of the I.T. Act was passed on 04/02/2013. In the said order, balance TDS outstanding as on 31/03/2005 was determined at ₹ 1,50,529/- and interest u/s. 201(1A) of the I.T. Act was calculated up to the date of the order, i.e., 04.02.2013 amounting to ₹ 1,43,002/-. The payment made subsequent to the date of order, i.e., 04.02.2013 gets adjusted to the amount determined in the order dated 04.02.2013. The assessee has taken the plea that payments have been made on 13/03/2013 for the full amount of ₹ 1,50,529/- which is TDS outstanding as on 31/03/2005. The amount paid gets automatically adjusted to the amount determined as per the order passed u/s. 201(1) and 201(1A) of the I.T. Act. Therefore, there is no requirement of remitting the case of the file of the Assessing Officer. AY 2006-07 - Department itself has reduced the liability u/s. 201(1) 201(1A) of the I.T. Act to ₹ 4,430/- for the AY 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and loss account and balance sheet alongwith the return of income, the assessee had not remitted TDS amounting to ₹ 5,30,730/- to Government account as on 31.03.2004. The assessee submitted before the Assessing Officer that TDS liability relating to the relevant assessment year is only ₹ 3,29,123/- and the assessee had paid a sum of ₹ 1,74,221/- as TDS relating to the relevant assessment year. It was submitted that TDS outstanding for AY 2004-05 is only ₹ 1,54,903/- (₹ 3,29,123 - ₹ 1,74,221/-). The Assessing Officer observed that the deductor, after deducting the tax has failed to pay the same to the Government account as required under the I.T. Act. The Assessing Officer concluded that as explained in Circular No. 5/2010 dated 3.6.2010, para 50.3, no time limit is prescribed for order u/s. 201(1A) of the I.T. Act where the deductors have deducted but not deposited the TDS, as this is a case of defalcation of government dues. The Assessing Officer calculated the interest payable u/s. 201(1A) of the I.T. Act amounting to ₹ 63,688. The calculation of the Assessing Officer reads as follows: Tax deductible : Opening bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned earlier, the Assessing Officer had only passed order u/s. 201(1A) of I.T. Act for AY 2004-05. The interest u/s. 201(1A) since it is to be calculated from the date on which tax is to be deducted and being mandatory, the Assessing Officer has correctly calculated interest u/s. 201(1A) of the I.T. Act for the amount of TDS outstanding as on 31-03-2004., It is ordered accordingly. Thus, the appeal of the assessee for the assessment year 2004-05 is dismissed. ITA No.615/Coch/2019: (AY 2005-06) 6. The Assessing Officer passed order dated 4.2.2013 u/s. 201(1) and 201(1A) of the I.T. Act. The Assessing Officer observed that as per TDS details, the assessee company had not remitted TDS amounting to ₹ 1,50,529/- to Government account as on 31.03.2005. It was observed by the Assessing Officer that tax deducted from the payment made during the financial year 2004- 05 was ₹ 1,61,154/- and the assessee had paid only ₹ 10,625/- as TDS relating to the relevant assessment year. The Assessing Officer calculated the total tax payable including interest u/s. 201 201(1A) of the I.T. Act upto 4.2.2013 as follows: Tax deducted during the FY 2004-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r TDS details, the assessee had not remitted TDS amounting to ₹ 7,114/- to government account as on 31.03.2006. The Assessing Officer observed that the TDS deducted from the payment made during the FY 2005-06 was ₹ 22,414/- and the assessee had paid only ₹ 15,300/- as TDS relevant to the assessment year 2006-07. Hence, the balance TDS deducted but not paid to the government account was ₹ 7,114/-. The Assessing Officer calculated the total tax payable u/s. 201(1) including interest u/s. 201(1A) of the I.T. Act as follows: Tax deducted during the FY 2005-06 ₹ 22,414 Less: Tax deducted paid to the govt. account ₹ 10,625 Balance TDS not paid as on 31.03.2004 ₹ 7,114 Interest u/s. 201(1A) calculated upto 04.02.2013 (Annexure-I) ₹ 5,905 Total payable ₹ 13,019 7.1 Aggrieved by the order of the Assessing Officer passed u/s. u/s. 201(1) and 201(1A) of the I.T. Act, the assessee preferred appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed a copy of addendum to the auditor s report for the FY 2006-07 (addendum dated 11/08/2008). It was submitted that as per the addeddum to the auditor s report, there is no demand payable for the assessment year 2007-08. The Ld. AR further submitted that assessee has filed application for rectification of order passed u/s. 201(1) and 201(1A) of the I.T. Act (application dated 20/04/2013). 8.3 The Ld. DR relied on the orders of the Income Tax authorities. 8.4 I have heard the rival submissions and perused the record. According to the assessee there is no TDS payment outstanding for the A.Y. 2007-08 as per the addendum to the auditor s report dated 11/08/2008. It is to be noted that the assessee has filed rectification application before the Assessing Officer. It is for the assessee to pursue the rectification application filed before the Assessing Officer and prove its case that no TDS payment is outstanding as on 31/03/2007. With these observations, I dismiss the appeal filed by the assessee for AY 2007- 08. 9. In the result, the appeals of the assessee for the AYs 2004-05 to 2007-08 are dismissed. Pronounced in the open court on 6th -02-2020. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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