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Case Law Details

Case Name : Pandharpur Municipal Council Vs DCIT (CPC)–TDS (ITAT Pune)
Appeal Number : ITA No. 305 to 315/PUN/2020
Date of Judgement/Order : 09/09/2022
Related Assessment Year : 2011-12
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Pandharpur Municipal Council Vs DCIT (CPC)–TDS (ITAT Pune)

ITAT Pune held that interest u/s 201(1A) was charged on account of ex-facie delay in depositing the deducted tax within the stipulated due dates and such levy is automatic and without escapement.

Facts-

For the assessment years under consideration, the appellant assessee e-filed its returns of TDS for various quarters, which were e-processed by the CPC TDS determining the interest liability u/s 201(1A) for delayed payment of tax (TDS) to the credit of ex‑chequer and consequential levy of interest thereon u/s 220(2) of the Act, and further levying fees for delayed filing of TDS-Returns u/s 234E of the Act.

Aggrieved by the orders of intimation served u/s 154 of the Act, the assessee challenged the levy of interest u/s 201(1A) & u/s 220(2) and levy of late fees u/s 234E of the Act, before the first appellate authority wherein partial relief was provided.

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