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2024 (1) TMI 856 - ITAT DELHIRectification of mistake u/s 154 - short deduction of TDS and interest on short deduction - As per the rectification application assessee had contended that the demand raised by the CPC vide order u/s 200A was not justified in view of the fact that the deductees have already deposited the income tax on its entire income and discharged their income tax liability - CPC u/s 154 of the IT Act rejected the contention of the assessee and recomputed the demand - HELD THAT:- The assessee had placed reliance on the decision of the Hon'ble Supreme Court in the case of Hindustan Coco Beverages Pvt. Ltd. (2007 (8) TMI 12 - SUPREME COURT] - The assessee has contended that the demand raised by the CPC was a mistake apparent from record and the CPC should have rectified the same u/s 154. In a given case where a person has not deducted the TDS and claimed the benefit of the Hon’ble Supreme Court decision in the case of Hindustan Coco Beverage Pvt. Ltd., the fact whether the deductees have already deposited the income tax on its entire income is a matter which requires verification. Revenue cannot charge the assessee and also collect the same amount from the recipients. Hence in the interest of justice, we remand the matter to the file of the DCIT(TDS) to examine the issue in toto and rectify the demand notice. Further, we also direct that the assessee & DCIT(TDS) shall endeavor to obtain the relevant details to examine the fact of inclusion of the relevant income in the total income of the recipients. The process of rectification u/s. 154 be completed within 180 days from the date of this order, as the matter has not been resolved for the last ten years. Appeal of the assessee is allowed for statistical purpose.
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