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2012 (8) TMI 96 - AT - Income TaxDeduction of TDS without surcharge - revision u/s.263 - assessment order u/s 143(3) should be treated as erroneous and prejudicial to the interest of the revenue - Held that:- No finding has been given by CIT to come to the conclusion that the as to which payments the assessee was required to deduct TDS along with surcharge but has not done so and therefore cannot be allowed as deduction. CIT has not been able to establish and show the error or the mistake made by the AO which makes the order unsustainable in law. As it is seen that the assessee has deducted TDS at appropriate rate including education cess and the surcharge was not required to be added at all as aggregate of the payments to none of the payees exceeded the limit of Rs.10 lacs or Rs.1 crore, as the case may be - AO having exercised his mind over the issue, the order of the AO passed under Section 143(3) cannot be termed as erroneous and prejudicial to the interest of the Revenue - in favour of assessee.
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