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TMI Blog2018 (12) TMI 1501X X X X Extracts X X X X X X X X Extracts X X X X ..... , Advocate ORDER PER R.K. PANDA, AM: This appeal filed by the revenue is directed against the order dated 19.10.2015 passed by the CIT (A)-43, New Delhi relating to A. Y. 2008-09. 2. Facts of the case, in brief, are that the assessee MOL Corporation ('MOLC' in short) is a company incorporated in the United States of America, having its registered, office at 2215-B Renaissance Drive, Las Vega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the MS Retail Software Products to Indian distributors outside India. 3. The assessee filed its return of income on 29th May, 2009 declaring NIL total income, as the amount received by MOLC was not taxable in India. Subsequently, a notice u/s 148 was issued by the Assessing Officer on 25th November, 2010. The assessee filed detailed objections on the nonmaintainability of the notice under law an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent order dated 30 October 2012 on account of non-levy of interest u/s 234A of the Act. The assessee, in response to the same, filed a detailed submission dated 28th February 2014 on the non-levy/applicability of interest u/s 234A. However, the AO rejected the same and passed an order u/s 154 dated 26 March 2014 which was served upon the assessee on 6th May 2014. 5. Aggrieved by the order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income of Rs. 18,49,67,42,612/-. 2. On the facts and circumstances of the case Ld. CIT(A)-43, New Delhi has erred in directing the Assessing Officer to grant the benefit of the TDS deducted in the case of M/s. MRSC in its return of income for A. Y 2008-09 to the assessee against the provisions of section 199 of the I. T. Act, 1961. 3. The appellant craves to add, amend modify or after any g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . MSRC in its return of income in A. Y. 2008-09 to the assessee and to re-compute the interest u/s 234 A & 234 B of the IT Act. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee within a period of 3 months from the date of receiving of this order by him. We hold and direct accordingly. The grounds raised by the revenue are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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