TMI Blog2010 (6) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... e period for which the interest is payable. In the present case, section 244A(2) is clearly not attracted - The proceeding resulting in the refund was not delayed for reasons attributable to the assessee. Though the TDS certificates were not submitted with the return and were filed during the course of the assessment proceedings, the Tribunal has noted that the tax was in fact deducted at source a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovember 28, 2000, for the assessment year 2000-01 and declared an income of Rs. 89.75 crores. OnMarch 14, 2002, the assessee filed a revised return of Rs. 80.75 crores. The assessment proceedings commenced onNovember 18, 2002, with a notice under section 143(2). The assessment order was passed onMarch 31, 2003by which the Assessing Officer determined the income at Rs.97.09 crores under section 115 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has noted that the tax was in fact deducted at source at the right time. In the circumstances, the Tribunal is correct in holding that since the benefit of TDS has been allowed to the assessee, interest under section 244A could not be denied only on the ground that the TDS certificates were not furnished with the return of income. Tax was deducted and deposited in the exchequer in time. Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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