Advance tax payment to the banker tender date

my client has made the follwoing payments to the State bank of India regarding Advance Tax for the year 2010-11.

Cheque Tendering date                    debited to Govt Account         

15-09-2009                                             16-09-2009                                

15-12-2009                                             18-12-2009

15-03-2010                                             22-03-2010

My client is holding all documents evidences regarding the tendering date of challan to the bank as well as suffient bank balance is standing as on date of tendering the intruments.

the income tax deparment has rejected the claim of date of tending and statated that exact date of amount credited to the Governement Treasury will be considered to allow the credit. hence the interest was charged for whole montths.

please give me the latest circular regarding the Tender of instruments and other valuable suggestions.

LION CA CS LLB DINESH JOOTHAWAT

MOBILE 9323049764

 

 

  

 

 

Replies (2)

Dear Sir,

Tender date should be the date of cheque deposition date provided it is not dishonoured later on. Following are the judgements for the same.

K.Saraswatty v. P.S.S. Somasundram Chettiar (1989) 74 SCC 527 (SC)

CIT V. Kumudam Publications (P) Ltd. (1981) (Mad.)

Sahara Airlines Ltd. v. Commissioner of customs (2000) 110 Taxman 378 (Govt. of India)

that's correct

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