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...of Income Tax (Appeals) erred in law and fact by overlooking that the aforesaid purchase of property was reflected in the form 26AS (Part F) reflecting the TDS paid on the advance...payments made in respect to the residential property purchased, Name of the deductee, Acknowledgement of form 26QB filed for payment of TDS amount, Amount of Transaction and TDS.... As per information on 27.10.17, the assessee has sold a property with agreement value Rs. 26,08,000/- whereas stamp value was Rs. 41,90,000/- hence capital gain was to be calculated on 41,90,000...
...of TDS statement even when the appellant had filed TDS statement in time but inadvertently in Form 26QB and on realizing the mistake fi led the statement in Form 27Q but no...and deposited the same on 07.12.2015. The assessee filed the TDS statement in Form 26QB on 07.12.2015, instead of in Form 27Q. On coming to knowledge that the deductee was not getting ful...:
EYDPS8237Q) for Rs. 29,04,000/- on 27.11.2015 and deposited the TDS at the applicable rate, i.e. , 20.60% on 07.12.2015 and filed the TDS return inadvertently, mistakenly, in ...
...Act is not applicable as there is no transfer of immovable property; iii) Since Form no.26QB is a challancumstatement which is generated on the very date of payment of TDS, it does not come within...additional burden is cast on the Departmental Authorities is also equally unacceptable considering the fact that there is a delay in filing the TDS statement in Form no. 26QB. As held by the Hon'ble...% under section 194IA of the Act. However, the assessee paid the TDS amount in Form no.26QB belatedly. While processing the TDS statements under section 200A of the Act, the Assessing Officer finding...
...as required under section 200(3) of the Act was generated on the very same day in Form no.26QB. While processing the TDS statement under section 200A of the Act, the Assessing Officer finding that TDS...& Developments Pvt. Ltd. ii) Provision of section 194IA of the Act is not applicable as there is no transfer of immovable property; iii) Since Form no.26QB is a challan-cum-statement which is generated on the...Representative that no additional burden is cast on the Departmental Authorities is also equally unacceptable considering the fact that there is a delay in filing the TDS statement in Form no. 26QB. As held...
...under Section 194 IA (Form 26QB), wherein on a payment of Rs. 4,43,19,500/- on 16.11.2024, an amount of Rs. 4,43,195/- being 1% had been deducted as Tax at source under section 194 IA of Income Tax Act...proper in the facts and circumstances of the case."
Ld. Counsel submits that in this case buyer of the property namely Priyanka Agarwal had deducted TDS while buying.... Further, the challan receipt is attached with the Petition at page no. 50, evidencing the deposit of TDS to the tune of Rs. 4,43,195/-.
On 02.05.2025, ld. counsel for the Income Tax...
...transfer of immovable property; iii) Since Form no.26QB is a challancumstatement which is generated on the very date of payment of TDS, it does not come within the purview of section 200(3) of the Act; and...account on29th September 2016 and upon such payment challancum statements as required under section 200(3) of the Act was generated on the very same day in Form no.26QB. While processing the TDS statement...fees of Rs. 65,400/- under section 234E of the Income Tax Act, 1961 (Act) { on delay in filing Form 26QB} on purchase...
...generated on the very same day in Form no.26QB. While processing the TDS statement under section 200A of the Act, the Assessing Officer finding that TDS statements were not filed within the time...challancumstatement; ii) Provision of section 194IA of the Act is not applicable as there is no transfer of immovable property; iii) Since Form no.26QB is a challancumstatement which is generated on the very date...these appeals read as under: 1(a) The learned CIT(A) erred in confirming the action of the Assessing Officer in levying the fees of ` 53,760 under section 234E of the Act (on delay in filing Form 26QB...
...transfer of immovable property; iii) Since Form no.26QB is a challancumstatement which is generated on the very date of payment of TDS, it does not come within the purview of section 200(3) of the Act; and...account on29th September 2016 and upon such payment challancum statements as required under section 200(3) of the Act was generated on the very same day in Form no.26QB. While processing the TDS statement...fees of Rs. 65,400/- under section 234E of the Income Tax Act, 1961 (Act) { on delay in filing Form 26QB} on purchase...
...reasons:-
a. Payment made in respect of Transfer of Immoveable Property (TDS Form 26QB, Section 194IA amounting to Rs. 1,18,81,300/-
b. Purchase of Im...of transfer of immovable property (TDS Form 26QB, Section 194IA amounting to Rs. 1,18,81,300/-
2. Purchase of immovable property amounting to Rs. 21045648/-
...
1. Payment made in respect of Transfer of Immoveable Property (TDS Form 26QB, Section 194IA amounting to Rs. 1,18,81,300/-
2. Purchase of I...
...additional burden is cast on the Departmental Authorities is also equally unacceptable considering the fact that there is a delay in filing the TDS statement in Form no. 26QB. As held by the Hon'ble...234E of the Income Tax Act, 1961 (Act) {on delay in tiling Form 26QB} on purchase of each flat ignoring the fact that the Appellant had bought 96 flats through one allotment letter only. The.... The TDS amount was deposited in the Government account on 29 Sep, 2016 and upon the such payment challan-cum-statements as required u/s 200(3) of the Act was generated on the very same day in Form no...
...assessee had purchased immovable property on which TDS @ 1% under Section 194IA was required to be deducted while making payment to the seller and to be deposited in the government account. Assessee had deducted the ...234E was introduced to make TDS provisions stringent which is a charging section and section 200A on the other hand is a machinery provisions for making prima facie adjustment. Considering the facts on...Income-tax Act, 1961 (hereinafter referred to as the "Act"), dated 13.04.2019 passed by ACIT, CPC-TDS, Ghaziabad for financial year 2018-19 relevant to assessment year 2019...
...was Rs. 56,186/-. Since the property was agricultural land the assessee deposited TDS late and also filed Form 26QB late. The CPC-TDS- Ghaziabad had processed the return of TDS and imposed the Lat...in confirming penalty u/s 234E of for late fling of TDS form No, 26QB without fact of the case since we had purchased the Agriculture Land which is out side the purview of provision of...within time as well as not filed Form 26QB within the stipulated/statutory period. Thus, there was failure on part of the assessee and the order passed u/s. 200A was correct...
...(in short 'the Act') for late filing of TDS Form 26QB. The appeal against this penalty order was decided by the Ld. CIT(A) vide the impugned order the appeal of the assessee was dismissed...(NFAC) DELHI has erred in confirming penal ty u/s 234E of for late f l ing of TDS form No. 26QB without fact of the case since we had purchased the Agriculture Land which is outside the purview of.... However, there was slight delay in filing of TDS return in Form No.26QB, for which the penalty of Rs.15,150/- was imposed by the CPC-TDS while processing the TDS return. The Ld. AR explained that the...
...Rs.28,000/- by the CIT(A) as raised by the AO by levying late filing fees u/s.234E of the Act. 3. Facts in brief are that the assessee filed TDS return in form No.26QB for the F.Y...the CPC(TDS), Ghaziabad u/s.200A of the Act relating to A.Y. 2015-2016 (26QB). 2. The only issue raised by the assessee in the present appeal is against confirming the demand of....2015-2016 on 27.03.2015, whereas the due date of filing of return was 07.11.2014 and, thus, there was a delay of 140 days in filing the return. The said TDS return was filed qua part of TDS deducted...
.... 4865/Mum/2017 A.Y 2016-17 2 2. Briefly stated, the assessee had delayed filing of the statement of tax deduction at source in Form No. 26QB for...sub-section (3) of Section 206C. Admittedly, the assessee in the case before us had delayed the filing of the statement of tax deduction at source in Form No. 26QB for A.Y. 2016-17. As per the...no infirmity in the order of the ACIT, Central Processing Cell- TDS, Ghaziabad, who in our considered view had rightly levied late filing fees under Sec. 234E of Rs. 14,600/- on the assessee...
...deduct TDS u/s 194IA. From No. 26QB and challan of tax deposited were generated on 5.4.2014 from the electronic system which is evident from the orders passed, which clearly mentions the date of filing...amounting to Rs. 94,909/- (Being Rs. 11863.66*8) on account of levy of late filing fee of TDS Statement. 5)That having regard to the fact and circumstances of the case, Ld. CIT (A) has...& Smt. Himani Gupta had purchased a property from eight persons for sums aggregating to Rs. 3,35,00,000/-; and each seller was paid sum of Rs.41,87,500/-. Later on department issued intimation-cum-demand...
...
was deducted on 10.12.2015 in the FY 2015-16 and deposited on 14.12.2015 i.e. in that year FY 2015-16 (AY 2016-17). The relevant return of TDS in Form ...was made on 05.05.2018 wherein the tax credit was increased to Rs. 25,13,013/-. The short credit still worked out to Rs. 2,33,300/-. This short credit includes Rs. 2,31,500/- TDS on sale of property u/s...deposited is for AY 2016-17.
18. The TDS return in Form 26QB as downloaded also shows that the return is for the AY 2016-17 (FY 2015-16) however the date of payment and...
...does not arise in as much as the petitioners remitted the sum of Rs.56,000/- against their vendor's PAN number on 09.08.2024 and the petitioners filed the Form 26QB on 09.08.2024 mentioning their...Government within a period of 30 days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No.26QB. The learned counsel appearing for the...seek clarification if there was any confusion. He would further submit that the petitioners' claim regarding '1.000' TDS rate is misplaced and while Section 194-IA mandates 1% TDS rate for property...
...remitted the sum of Rs.56,000/- against their vendor's PAN number on 09.08.2024 and the petitioners filed the Form 26QB on 09.08.2024 mentioning their vendor's PAN number and that the Department's...of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No.26QB. The learned counsel appearing for the petitioners further submitted that even the...would further submit that the petitioners' claim regarding '1.000' TDS rate is misplaced and while Section 194-IA mandates 1% TDS rate for property transactions, Section 206AA overrides the said rate...
...(Annexure-C to the writ petition).
4. It is the further case of the petitioner that since he was required to furnish Form-16B-TDS Certificate and 26QB-statement relating...amount. Accordingly, after payment of the said TDS, the petitioner got generated Form-16B TDS Certificate and 26QB- Statement and furnished the same to the BDA.
5...-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...