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2017 (3) TMI 87 - HC - Income TaxRevision u/s 263 - receipts corresponding to TDS were not fully disclosed by the assessee in the return of income - Held that:- The issue with respect to the claim of TDS made by the assessee was as such debatable and the view taken by the Assessing Officer can be said to be plausible view. Under the circumstances, considering the decision of the Hon’ble Supreme Court in the case of Max India Ltd.(2007 (11) TMI 12 - Supreme Court of India), the learned tribunal is justified in quashing and setting the order passed by the learned CIT. Charging of interest under Section 220(2) - Held that:- As observed by the learned tribunal, there was nothing on record to demonstrate that at the time of passing the order there was any tax that was payable by the assessee pursuant to the notice under Section 156 of the Act and there was failure on the part of the assessee to pay the tax. Under the circumstances, on the aforesaid ground, the revisional authority was not justified in resorting to the revisionary proceedings. The learned tribunal has rightly interfered with the order passed by the learned CIT. - Decided against the revenue.
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