SUBRAMANIA SIVA Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) The petitioner seeks for a Mandamus to direct the second respondent to submit the details of Deduction of Tax at Source on the amount deposited by the petitioner with the second respondent in Term Deposit capital gain accounts 30234688474, 30234688076 and 30234688780 dated 31.08.2007 for three years from 2008 to 2020 in a prescribed form, Form - 26AS, instead of Form No.16-A to the Income Tax Department, first respondent herein and issue a certificate to the petitioner under Section 203AA of the Income Tax Act, 1961 within stipulated time.

(2.) Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents.

(3.) It is seen that the petitioner has made some term deposits with the 2nd respondent Bank under the Capital Gain Account Nos. 30234688474, 30234688076 and 30234688780 for three years from 2008 to 2020. It is stated that after the expiry of the term, the petitioner has withdrawn the deposit, however, for the interest accrued out of such deposit, the petitioner has to pay the income tax and that the same was deducted by the Bank. It is stated that the 2nd respondent Bank, instead of generating form 26A, issued Manual Form 16A to the petitioner as TDS towards the tax paid for the interest amount. Since Form 26A was not generated by the Bank, the records before the 1st respondent do not reflect the payment of tax for the interest amount. Under such circumstances, the petitioner has approached this Court and filed the present writ petition with the relief as sated supra.