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2017 (8) TMI 235

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..... count of system and connectivity issues at the bankers' end, which was beyond the control of the assessee. The learned Commissioner of Income-tax (Appeals) was thus not justified in holding the levy of interest on the alleged late deposit of tax deducted at source under section 201(1) read with section 201(lA) of the Act. He was, however, justified in deciding the issue of delay in payment of TDS .....

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..... ax (Appeals) has decided the issue of delay in payments of TDS in favour of the assessee. The assessee on the other hand has questioned the first appellate order in upholding the levy of interest on late deposit of tax deducted at source amounting to ₹ 4,21,459 under section 201(1) read with section 201(1A) of the Act. 2. After considering the arguments advanced by the parties, we find th .....

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..... als) has erred in accepting the arguments of the assessee that in the case of payments by cheque the date of payment should be taken as the date of presentation of the cheque to the bank. 4. On having gone through the material available on record, we find that undisputedly the amount of TDS was debited from the bank account of the assessee on the due date i.e. October 7, 2009 and the delay in d .....

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