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2020 (3) TMI 224 - AT - Income TaxTDS u/s 194I - Levy of interest u/s 201(1A) - lease rent paid to New Okhla Industrial Development Authority (NOIDA), on which tax was not deducted by the assessee company - HELD THAT:- It was the responsibility of the assessee to furnish documentary evidence in support that the NOIDA has paid tax to the Income-Tax department on lease rental income i.e. for the amount of the tax which was deductible on lease rental payment under reference, along with the interest. If the said interest has already been paid by the NOIDA, no recovery can be made from the assessee for the said amount of the interest. Rajesh Projects (India) Ltd. versus CIT [2017 (2) TMI 1109 - DELHI HIGH COURT] as directed that if the basic liability along with interest to be paid by the GNOIDA has been satisfied, no recovery shall be pursued from the buyer. In view of the facts and circumstances, we feel it appropriate to restore this issue to the file of the Learned Assessing Officer, with the direction to verify whether the NOIDA has made payment of the basic TDS liability along with the interest due thereon. The assessee shall cooperate and provide the relevant information required by the Assessing Officer. If after verification, it is found that the basic TDS liability and interest thereon has already been paid by the NOIDA, then no such liability shall be raised on the assessee. Accordingly, we restore this issue to the file of the Assessing Officer with above directions in both the appeal before us - Appeals of the assessee allowed for statistical purposes.
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