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2014 (4) TMI 775 - AT - Income TaxContravention of section 201/201(1A) of the Act – Short deduction of TDS u/s 194J of the act – Payment of professional fees – Held that:- FAA was of the view that the arrear has accrued since the assessee has inadvertently deducted and deposited the tax u/s 119 J by applying the pre amended rate of 5% - sole deductee during the year for the assessee company was Motorola India Pvt.Ltd., which had duly paid all the taxes for the AY 2008-09 – The Decision in Hindustan Cocacola Beverages P.Ltd. vs. CIT [2007 (8) TMI 12 - SUPREME COURT OF INDIA] and Circular of the CBDT No.275/201/95 and IT(B) dt. 29.1.1997 followed - the circular declares that “no demand visualized u/s 201(1) of the Act should be enforced after the tax deductor has satisfied the officer-in-charge of TDS, that taxes due have been paid by the deductee assessee - this will not alter the liability to charge interest u/s 201(1A) of the Act till the date of payment of taxes by the deductee assessee or the liability for penalty u/s 271C of the Act – thus, there is no infirmity in the order of CIT(A) – Decided against Revenue.
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