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2023 (8) TMI 1021

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..... e allow the Grounds of Appeal of the assessee, set aside the order of the CIT(A) by deleting the interest levied on the Assessee by the Revenue for late payment of TDS amount. Appeal of assessee allowed. - Shri N. K.Billaiya, Accountant Member And Shri Yogesh Kumar U.S., Judicial Member For the Appellant : Mr. Sunil Kumar, Advoate For the Respondent : Mr. Vivek Upadhyay Sr. DR ORDER PER YOGESH KUMAR U.S., JM: This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-41, New Delhi [ Ld. CIT(A) , for short], dated 17/02/2015 for Assessment Year 2011-12. Grounds taken in this appeal are as under: 1. That on the facts and in the circumstances of the case, the learned Co .....

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..... bank and not Zonal office. That its only vide letter dated 7.10.2013, the appellant bank again underwent reorganization of its structure, wherein the role and responsibilities of Regional and Zonal offices were redefined and the said matters were shifted back to Zonal office. Therefore, the interest levied by the Assessing Officer to the appellant is completely arbitrary. 4. That the CIT(A) has erred in law and on the facts in not passing a reasoned order. 5. That the orders passed by the Ld. Assessing Officer and the Ld CIT(A) are unjustified, arbitrary and bad in law as these orders have been passed without application of judicial mind and the same are in gross violation of principles of natural justice. 6. That the Appella .....

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..... deposited the TDS on time in compliance with the interim order of the Madras High Court in Writ Petition No. 8102/2011 and though the interim order was in operation during the pendency of the said writ petition, the assessee inadvertently deposited the TDS but the Ld. A.O. without considering the effect of Interim Order of the Hon ble Madras High Court, erroneously levied interest on the assessee. Further, submitted that the assessee was having sufficient cause for not depositing the TDS on time due to the Interim Order passed by the Hon ble Madras High Court and the authorities have committed an error by charging interest of Rs. 1,69,962/- for late deposit of TDS amount of Rs. 4,37,822/- for Assessment Year 2011-12, therefore, prayed for a .....

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