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2014 (1) TMI 390 - ITAT MUMBAIStay application – TDS demanded u/s 154 – Held that:- Merely because the Department’s system does not indicate the amount of TDS refund, it cannot be held that the assessee should be compelled to deposit the amount once again - It is for the Department to check the error in its system or point out fallacy in the assessee’s claim - There can be no question of penalizing the assessee for no fault committed by it - If the assessee’s contention about the unallowed TDS credit had been incorrect, the A.O. should have made a mention of this in his order u/s 154 - Prima facie, there is unadjusted TDS against the current year’s income - thus, the assesse cannot be pressed to deposit a further sum as has been directed by the AO – rest of the amount waived till the disposal – stay granted.
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