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2021 (10) TMI 267

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..... he account of the assessee whereas the challan generated by the bank reflected date of deposit as on 01.05.2012 which spinned off the charging of interest by the CPC. Assessee has produced certificate from the Indian Overseas Bank, Secunderabad Branch confirming that the assessee has deposited the amounts through Internet Banking facility (IBF) of the bank on 30.04.2012 and amounts have been debit .....

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..... Assessee by : None Revenue by : Sh. Gaurav Pundir, Sr. DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. CIT (A)-41, New Delhi dated 15.11.2016. 2. Following grounds have been raised by the assessee: 1. That in view of the facts and the circumstances of the case, CIT(A) has erred in uphol .....

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..... . That without prejudice in view of the facts and in the circumstances of the case, CIT(A) has erred in holding that the connotation of every month or part thereof appearing in Section 201(1A) mean every calendar month or part thereof, ignoring that it as a period of one month or part thereof. 6. That the ACIT and CIT(A) erred in law and fact in not appreciating that the expression 'mo .....

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..... d perverse as same is not based on correct facts and also not based on correct legal position. 3. The assessee is a company engaged in the business of EPC and construction infrastructure development and power generation. 4. Order u/s 153 has been issued by the CPC (TDS) charging interest on late payment of the TDS u/s 201(1A). The ld. CIT(A) confirmed the order of the CPC. 5. The releva .....

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..... lar of CBDT No. 1197 with regard to the Section 211, advance tax where in in case of bank holiday, the amounts were allowed to be paid on the next day of the due date without interest. In the instant case, the matter pertaining to Section 201, the assessee has rightly deposited the TDS amount on 30.04.2012. Hence, we hold that the assessee is not liable to pay any interest u/s 201(1A). 6. In th .....

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