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2012 (7) TMI 43 - AT - Income TaxLevy of interest u/s 201(1A) for non deduction/delay in deposit of TDS - assessee contested that since the recipient of income had duly paid tax on its entire income including the income received by assessee, there was no reason to deduct tax on the income paid by assessee - Held that:- Considering the submission of assessee that Recipient of income has no liability of taxes and all the assessments of recipient of income have been made u/s 143(3)and “NIL” tax liability was assessed therefore, where there is no liability to pay any tax, there shall be no actual payment, resultantly, no interest is payable u/s 201(1A) - As decided in M/s. Hindustan Coca Cola Beverage Pvt. Ltd versus CIT [2007 (8) TMI 12 (SC)] no demand visualized u/s 201(1) be enforced after the tax deductor has satisfied the office in charge of TDS that taxed due have been paid by the deductee assessee - restore the matter back to the file of AO for deciding afresh to find out if the Recipient of income have no tax liability as per assessment framed u/s 143(3)- in favour of assessee for statistical purposes.
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