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TMI Blog2014 (1) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... as rightly deleted the interest – Decided against Revenue - ITA Nos.4477,4478,4479,4480 & 4481/Del/2012 - - - Dated:- 10-5-2013 - R P Tolani and T S Kapoor, JJ. For the Appellant : Shri Bhim Singh, Sr. DR For the Respondent : Shri R Rajagopalan, Dy. General Manager, (Finance) ORDER:- Per: T S Kapoor: These are five appeals filed by the revenue against the order of Ld CIT(A) d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TDS amount in a separate bank account which was complied. Thus, the assessee deposited the TDS amount albeit in a separate bank account as directed by the Hon'ble Calcutta High Court and not with the Income Tax Department. The Assessing Officer held technically the assessee should have deposited the TDS with the Income Tax Department and levied the impugned interest. Ld CIT(A) deleted the interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar bank account on the direction of the High Court and apparent contention that no interest can be demanded u/s 201(1A) of the Income Tax Act, is correct as it is prevented by order of Hon'ble High Court from depositing the said amount in government account. Hence, it is a valid reason for not levying interest in all above assessment years. In any case, in view of the specific order of the Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g an enforceable order of competent court over rides the income tax provision, therefore, the Ld CIT(A) has rightly deleted the interest charged by the Assessing Officer u/s 201(1A) of the Act. Moreover, the ld AR submitted that the cases of the assessee are covered by order of Hon'ble Tribunal in assessee s own case in I.T.A. No.5001 to 5005 vide order dated 22.11.2012. 6. We have heard the riv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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