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2017 (8) TMI 527 - AT - Income TaxPower of AO to withdraw the interest granted u/s 244 by way of rectification of mistake u/s 154 - Held that:- Interest u/s. 244 could not be withdrawn in absence of clear cut provision in the section for the year under consideration. It is also a fact that the proceedings to withdraw the interest were initiated u/s. 244(1A) whereas vide rectification order dated 28/03/2014 the Assessing Officer had withdrawn the interest invoking provision of section 244(3) of the Act. Thus in our opinion the appeal of the assessee has to be allowed on Jurisdictional issue as well as on merits. - Decision in the case of Tata Power Company. Ltd.(2015 (8) TMI 87 - BOMBAY HIGH COURT) followed - Decided in favor of assessee.
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