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2015 (1) TMI 47 - AT - Income TaxApplication for rectification of mistake u/s 254 - Disllowance u/s 40(a)(ia) - non-deduction of TDS on interest paid to Tata Capital Ltd. - Held that:- Section 254(2) provides that the Appellate Tribunal may with a view to rectify any mistake apparent from record amend any order passed by it under sub-section (1) and shall make such amendment. It would clarify that the assessee admitted before the AO that TDS has to be deducted on payment of interest and the assessee admitted applicability of provisions of section 40(a)(ia) of the IT Act in the matter. The assessee in miscellaneous application also stated that the aforesaid decision of Allahabad High Court [2013 (7) TMI 622 - ALLAHABAD HIGH COURT] came to their knowledge subsequently. Therefore, the assessee has failed to point out any mistake apparent from the record of the Tribunal. When on the last date of hearing, the ld. counsel for the assessee was asked to explain above legal position and the case was adjourned, he did not appear on the date of hearing to explain anything on the issue. It, therefore, appears that the assessee and their counsel have nothing to say in the matter and are not interested in prosecuting the aforesaid miscellaneous application. The same is, therefore, liable to be dismissed. - Decided against assesse.
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