Income Tax

Deposit of TDS under wrong TAN – ITAT directed credit of TDS after verification of challan

Deposit of TDS under wrong TAN – ITAT directs credit of TDS to the assessee after verification of challan

In the instant appeal, the appellant assessee had challenged the order of the CIT(A) in the matter of order passed under Sections 201(1)/201(1A) of the Income Tax Act, 1961 (the Act).

ABCAUS Case Law Citation:
ABCAUS 2338 (2018) (05) ITAT

The appellant, by inadvertent mistake, had deposited the tax deducted at source (TDS) by mentioning in the challan the wrong Tax Deduction Account Number (TAN).The assessee had filed TDS Return in Form no. 24Q for the relevant quarter, however due to the wrong TAN, appellant had not received credit for the TDS so deposited.

The AO observed that the assessee had committed defaults by non-payment of TDS amount deducted. Accordingly he raised demand under Section 201(1)/201(1A) of the Act.

Before the CIT(A), with respect to the mistake, the assessee filed certificate of Bank stating that the amounts corresponding to the challan had been debited to the assessee’s account. The assessee prayed CIT(A) to ask the AO to give credit for the said challan in view of an apparent mistake in the mentioning of the TAN.

However, the CIT(A) rejected the appeal.

Before the Tribunal, the assessee pointed out an order of the Coordinate Bench wherein under similar facts, the AO was directed to give credit for the tax deducted at source . In the said case, the assessee had inadvertently deposited TDS under wrong TAN and also in one challan wrong section had been mentioned.  and wrong section the AO had raised the demand. The assessee requested the CIT(A) that the AO be directed to make required corrections and provide credit in the correct TAN and drop the demand against the assessee. The CIT(A) after considering the evidences furnished, directed the AO to allow necessary relief after proper verification of the original challan furnished by the assessee. The Revenue challenged the order of the CIT(A) before the Tribunal but did not raise any contention in respect of TDS deposited under the wrong TAN.

Even with respect to the contention of the Revenue that assessee should have filed a correction statement to rectify the wrong section and in absence of that the credit had not been given to the assessee, the Tribunal opined that once the challan is deposited with the bank, it would not be possible for assessee to retrieve the same and make any correction.

Accordingly following the decision of the Coordinate Bench, the Tribunal directed the AO to verify the original challan for deposit of TDS and decide the issue as per the direction given by the Coordinate Bench.

Download Full Judgment Click Here >>

Also Read:

PrCIT directed to resolve the issue of TDS deposited  in wrong TAN Click Here >>

Share

Recent Posts

  • Income Tax

Payment of imprest whether a transfer within the meaning of section 269ST

Payment of imprest whether a transfer within the meaning of section 269ST – case remanded for determination In a recent…

2 days ago
  • ICAI

CA Misconduct – Order quashed as judgment not passed by same members who heard arguments.

CA Misconduct – Appellate order quashed as final judgment was not passed by same members who heard arguments. In a…

3 days ago
  • Insurance

Deceased homemaker can not be considered as dependant for award of compensation under MV Act – SC

Deceased homemaker can not be considered as dependant for award of compensation under MV Act. Courts to award a composite…

4 days ago
  • Income Tax

CIT notice u/s 263 quashed as AO rightly took DVO value of property as actual sale price

CIT Revision notice u/s 263 quashed as the Assessing Officer rightly taken DVO value of property sold as actual sale…

5 days ago
  • GST

Extension of timeline for implementation of Ship To GSTIN & Voluntary Closure of E-Way Bill functionalities

Extension of timeline for implementation of mandatory "Ship To GSTIN" and Voluntary Closure of E-Way Bill functionalities GSTN Advisory dated…

5 days ago
  • Income Tax

No protective addition required when additions is confirmed in hands of searched person – ITAT

No protective addition required in the hand of a third party when additions have been confirmed in the hands of…

6 days ago