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1983 (10) TMI 102

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..... redit of allowance-tax of Rs. 9,520. Thus correct amount of interest u/s 139 (8) of the Act, come to Rs. 465 as against the interest charged as Rs. 3,410." 2. With regard to the first ground, it is seen that the assessee is a co-owner of a property situated at 162. Idgah Hills,Bhopal. In the case of another co-owners Shri Ramesh Chand Saboo and Shri Devi Prasad Saboo the Tribunal has already det .....

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..... unsel of the assessee and Shri M.K. Chakraborty, ld. Sr. D.R., we are of the view that the assessee is to succeed. Almost similar issue came up before the ITAT, Bombay Bench in the case of Blaze Advertising Pvt. Ltd. In that case the Tribunal held that all payments made before the regular assessment was made and for which the ITO gave credit u/s 219 of the IT Act, 1961 should be given credit for c .....

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..... st u/s 139 (8). Keeping in view the above fact and also having regard to the order of the Tribunal in the case of M/s Blaze (India) Pvt. Ltd. and the decision of the Bombay High Court in the case of M/s Traub (India) Pvt. Ltd. We have no hesitation in agreeing with the assessee and direct the ITO to allow credit for the advance tax paid. 5. In the result, the appeal is allowed. - - TaxTMI - T .....

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