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TMI Blog2025 (1) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... fter, belatedly remitting the TDS, the question of favourably considering the reliefs sought for in the present petition does not arise. Question framed for consideration is answered in the negative. - THE HON BLE MR. JUSTICE C. M. POONACHA FOR THE PETITIONER : BY SRI MANOJ D PUKALE, SRI H R KAMBIYAVAR AND SRI PRAKASH R BADIGEN, ADVOCATES FOR THE RESPONDENTS : BY SRI. M. THIRUMALESH, ADVOCATE FOR R1 R2 SRI. AJAY KUMAR, ADVOCATE FOR R3 ORDER The present writ petition is filed seeking for the following reliefs: 27. WHEREFORE, the Petitioner prays that this Honourable High Court may be pleased to grant interim prayer by issue of writ of a) Mandamus to R-2 to Stay the operation of Intimation dated 03/10/18 vide Communication Reference No. TDS/2017/BEO667936/D/ 100000725277 under Sec.200A of IT Act in Annexure A sent by R-2; or Alternatively. b) Mandamus to R-1 Restraining from commencing recovery proceedings of the Demand in said Intimation dated 03/10/18 vide Communication Reference No. TDS/2017/BEO667936/D/ 100000725277 under Sec.200A of IT Act in Annexure A sent by R-2. 28. No harm or prejudice is caused on grant of Interim Stay. The balance of convenience is clearly in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded by charging a sum of ₹26,136/- as interest under Section 201 of the IT Act and late filing fee of ₹96,875/- under Section 234E of the IT Act for the period 24.04.2017 i.e., the date of payment of total consideration by the petitioner to the BDA till 29.09.2018, which is the date of payment of 1% TDS amount of ₹96,875/-. It is further stipulated at paragraph No.6 of the intimation (Annexure-A) that if the demand of ₹1,23,010/- was not paid by the petitioner within the specified period, recovery proceedings will be commenced by the 1st respondent as per provisions of the IT Act. Being aggrieved, the present writ petition is filed. 6. The 3rd respondent/BDA has filed statement of objections, whereunder, it admits issuance of the allotment letter dated 01.12.2016 for a total sital value/sale consideration of ₹96,87,510/-. It is the contention of the BDA that the petitioner was required to pay the balance sital value within the prescribed time and the same not having been paid, the BDA issued show cause notice dated 24.05.2018, calling upon the petitioner to show cause as to why his allotment should not be cancelled in view of nonpayment of balance sit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Rules 1962 Hereinafter referred to as Rules stipulates that any sum deducted under Section 194-IA shall be paid to the credit of the Central Government within a period of 30 days from the end of the month in which the deduction has made and shall be accompanied by a challancum- statement in Form No.26QB. Section 203(1) of the IT Act stipulates that the person who has deducted TDS (transferee) shall furnish to the person to whose account the said amount was credited (transferor) a certificate to the effect that tax has been deducted and specifying the amount so deducted and the rate at which the tax has been deducted as also other particulars as may be described. Section 201(1A)(i)(ii) of the IT Act stipulates that if a person does not deduct the whole or any part of TDS and pay a sum as required under the IT Act, he shall be liable to pay interest in terms of the stipulation contained under Sub-section (1A)(i)(ii) of Section 201 of the IT Act. Rule 31-A of the Rules stipulates that every person responsible for deduction of tax under Chapter-XVII-B, shall, in accordance with Section 200(3) of the IT Act deliver a quarterly statement in terms of the stipulation contained ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm No.16B-TDScertificate and Section 26QB statement relating to the TDS payment of 1% along with other papers to the BDA, it is the case of the petitioner that after obtaining legal advice that the allotment was likely to be cancelled, paid 1% TDS i.e., a sum of ₹96,875/- on 29.09.2018 and after payment of TDS, the petitioner got generated Form No.16B-TDS-Certificate and 26QB statement and furnished the same to respondent No.3-BDA. Having regard to the fact that 1% TDS amount of ₹96,875/- was paid only on 29.09.2018, a demand of ₹1,23,010/- has been made by the respondents 1 and 2/Tax Authorities for interest in terms of Section 201 of the IT Act and for late filing fee in terms of Section 234 of the IT Act for the period 24.07.2017 when the balance sale consideration was paid by the petitioner till 29.09.2018 on which date payment of 1% TDS for ₹96,875/- was paid by the petitioner. 17. It is vehement contention of the petitioner that the BDA being exempted under Section 12A of the IT Act, the petitioner was not required to deduct TDS amount and remit the 1% TDS amount. It is further contended that, at the earliest instance when the petitioner learnt regardi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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