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TMI Blog2016 (8) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by the Tribunal is just and proper and it is not required to be interfered with. Therefore, the question posed for our consideration is answered in favour of the department and against the assessee. - TAX APPEAL NO. 483 of 2007 With TAX APPEAL NO. 484 of 2007 AND TAX APPEAL NO. 485 of 2007 - - - Dated:- 4-8-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MR BS SOP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t before issuing TDS certificate, the issuer has to follow certain formalities. He further submitted that unless the appellant has the information to the filled in Form No.16A, no TDS certificate could be issued. He further submitted that CIT (Appeals) has rightly reversed the order of the Assessing Officer and while considering the case of the present appellant, CIT (Appeals) in paragraph 2.2 obs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided charging of interest for the delayed payment of tax to the Govt. account u/s.201 (1A) of the Act. Therefore, hold that the Addl. CIT, TDS Range, Ahmedabad has erred in levy of penalty u/s. 272A (2) (g) of the Act. Accordingly penalty levied for all the years is deleted. 4. Learned counsel for the respondent, Mr.Bhatt, submitted the it is mandatory to deposit the amount collected in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... phold the order of CIT (A) on the ground that interest should be levied only upto the date as mentioned in the order of CIT (A), keeping in view the said order, we direct the Assessing Officer that penalty should be restricted to the period of default upto which levy of interest has been upheld. 15. Now coming to the case law relied upon by ld. AR in the case of Kedia Textile Pvt. Ltd. Vs. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sit the same in the Central Govt. When assessee know about its liability to deduct tax, statutory to deposit the same cannot be said to be technical. Thus, this decision also does not have any application to the facts of the present case. 6. In view of above observations of the Tribunal, in our view, the view taken by the Tribunal is just and proper and it is not required to be interfered wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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