2005 (8) TMI 83

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..... 01 (lA). – revenue appeal dismissed - - - - - Dated:- 1-8-2005 - Judge(s) : Y. R. MEENA., PREM SHANKER ASOPA. JUDGMENT The following question is proposed for admission of the appeal: "Whether, on the facts and circumstances of the case, the Tribunal was justified in law in upholding the order of the Commissioner of Income-tax (Appeals) deleting the interest of Rs. 1,60,105 levied under s .....

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..... had already deducted tax at source in full. The provision of section 201 provides not only for collection of tax which had not been deducted but for levy and charge of interest also. If the tax had already been paid by the recipient on such income it may not be justified to recover the said amount of tax, but so far as the liability of interest is concerned, that cannot be considered to be non-ex .....

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..... authorised representative had relied upon the decision of CIT v. Rishikesh Apartments Co-operative Housing Society Ltd. [2002] 253 ITR 310 (Guj). In this case, it was held that there was no question of levying any interest on the assessee as the amount which was payable to the Revenue had been duly paid. 7. After perusal of the facts of the case and relevant law as on the subject, we are of the .....

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