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2018 (12) TMI 1501 - AT - Income TaxInterest u/s 234A & 234B - benefit of the TDS deducted - Held that:- As agreed by both the sides that the matter needs to be set aside to the file of the AO with a direction to decide the issue afresh in the light of decision in the case of ITO Vs. Bachu Lal Kapoor Kewal Ram [1965 (12) TMI 24 - SUPREME COURT]. The assessee stated that specific time limit should be prescribed to the Assessing Officer for deciding the issue. Considering we deem it proper to restore the issue to the file of the AO with a direction to adjudicate the issue regarding granting of TDS benefit deducted in the case of M/s. MSRC in its return of income in A. Y. 2008-09 to the assessee and to re-compute the interest u/s 234A & 234B of the IT Act. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee within a period of 3 months from the date of receiving of this order by him. We hold and direct accordingly. The grounds raised by the revenue are accordingly allowed for statistical purpose.
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