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2018 (12) TMI 1564 - AT - Income TaxProceedings u/s 201(1) - TDS u/s 195 - ‘assessee in default’ for withholding of taxes from the payments made to ABN Amro Bank, Stockholm Branch - Held that:- both the parties before us agreed that the impugned interest in the quantum interest pertained to the same parties and the same loan for which the assessee has been held to be in default u/s 201 of the Act and against which the assessee was now in appeal before us. Both the parties fairly agreed that interest of justice would be served if these appeals were also restored to the file of the Assessing Officer in terms of the directions of the ITAT in assessee’s own appeal for assessment year 2007-08 Isuue to be restored to the file of the Assessing Officer with a direction to identify the factual aspect of the issue and determine as to whether the impugned income was taxable in India or not so as to bring the assessee within the mischief of section 40(a)(i) of the Act. The determination of this issue will essentially determine the issue whether the provisions of section 201 are attracted in this case. - Decided in favour of assessee for statistical purposes.
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