TMI Blog2012 (6) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... e. - The authorities shall re-do the exercise of calculating the interest and thereafter issue a fresh demand if they choose to recover the same. - Writ Appeal No.4544 of 2009 (T-IT), WP Nos 6385-86 & 6471-73/2010 - - - Dated:- 14-3-2012 - N Kumar And Ravi Malimath, JJ. For Appellant: K P Kumar, Sr. Counsel for M/s King Patridge, Advs. For Respondents: Sri Mohan Parasaran Add. Solicitor General, with Sri D L Chidananda, Adv. for Sri M V Seshachala and Sri K V Aravind, Advs. JUDGEMENT The appellants are aggrieved by the order passed by the learned Single Judge who declined to set aside the order of assessment passed by the assessing authority holding that Section is attracted to the facts of this case. In writ Petition N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants to prefer a statutory appeal and urge all the grounds which they had urged before the learned Single Judge and other grounds which according to them is not considered by the learned Single Judge before the appellate authority. In view of the fact that the petitioner has an alternative and efficacious remedy we decline to entertain the Writ Petitions and permit the petitioner to prefer a statutory appeal and challenge the said order on all grounds which are available to them in accordance with law. 3. In both these proceedings apart from the assessment order and the order passed by the learned Single Judge the appellants and the petitioner have also challenged the Circular No 8/2009 issued by the Board on 24 November, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principal debtor. Unless the principal debtor files the return and pays tax, then the vicarious liability exists on the persons who should have deducted at source or ought to have deducted at source. The revenue cannot collect tax on interest from both the principal and the agent. In that context, the order passed by the authorities holding that the assessee is liable to pay interest from the date of default till the date of the order is erroneous. However, the authorities have to find out whether the creditor has filed the returns and paid the tax. If he has filed the returns and paid the tax, the liability of the assessee ceases from the day they have paid the tax. That exercise is possible only after verifying the records of both the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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