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2021 (7) TMI 413 - ITAT DELHICalculation of the interest u/s. 220(2) - order passed order u/s. 143(3) by which the tax was calculated at NIL - HELD THAT:- As decided in BHARAT COMMERCE AND INDUSTRIES LIMITED [1994 (5) TMI 14 - DELHI HIGH COURT] when the very basis of calculation of interest, i.e., the amount of tax payable on the basis of which interest calculation has to be made is unknown the mistake is not apparent from record and the notice under section 154 as well as order under section 154 both are bad and illegal which are liable to be quashed. Since the ld. CIT(A) deleted the interest by following the binding precedent rendered by Hon’ble jurisdictional High Court, in the absence of any decision to the contrary by any higher forum, we cannot find fault with the findings of the ld. CIT(A). We, consequently find the grounds of appeal as devoid of merits and dismiss the same.
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