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2013 (7) TMI 40 - AT - Income TaxRectification of mistake - Cancellation of interest charged Held that:- Assessing Officer made order u/s. 220(2) levying interest on outstanding demand tax assessee claimed interest on seized material kept with Department and requested to adjust interest levied u/s. 220(2) against interest accrued on seized material No appeal prescribed against order made u/s. 220(2) As assessee is required to point out any mistake apparent from record but assessee failed to point out any mistake apparent from order No infirmity in CITs order Following the decision of Hariharnath Agrawal & Sons (HUF) vs. CIT [1996 (2) TMI 96 - ALLAHABAD High Court] and Shri Ganesh Enterprises (P) Ltd. vs. Union of India [1994 (5) TMI 20 - DELHI High Court] Appeal dismissed. Quantum of interest charged Assessing officer failed to consider relevant facs Held that:- relief granted by CIT in other assessment year therefore for the assessment year 1998-99 liability for tax and interest would reduce assessee entitled for relief in respect of interest levied u/s. 220(2) Appeal allowed.
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