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2017 (3) TMI 1481 - AT - Income TaxTDS liability - ascertained liability or not - primary liability of payment of income tax - Held that:- In the present case, no evidence has been brought on record hat interest credited as per this software was only a notional provision and the same was reversed afterwards. But this is also an undisputed fact that the bank is using CBS software as in that case. Hence, we feel it proper that the matter should be restored back to the file of the AO for a fresh decision in the light of this Tribunal order rendered in the case of Bank of Maharashtra (2010 (3) TMI 885 - ITAT AHMEDABAD ) and if the assessee is able to establish that it was only a notional provision which was reversed afterwards then no TDS liability can be imposed on the assessee. We order accordingly. I order under section 201(1) & 201(1A) validity - Held that:- In the present case, the orders u/s 201(1) & 201(1A) of the IT Act were passed by the AO on 29-09-2014 and the earliest assessment year involved is 2008-09 and therefore, it is seen that six years from the end of the relevant assessment year has not elapsed at the time of passing the impugned orders
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