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TMI Blog2013 (5) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals are being clubbed and adjudicated in this consolidated order. The appeal-wise and ground-wise adjudication is given in the following paragraphs. 2. In all the seven appeals, the Revenue has raised identical grounds. Therefore, firstly, we shall take up the grounds raised in I. T. A. No. 99/ NAG/2012 for the assessment year 2005-06 which read as under : "1. Whether, on the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals)-II, Nagpur, is correct in law in directing the Assessing Officer to wait till finality of the order of the Calcutta High Court for recovery of tax deducted at source and interest ? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,311 22,00,849 4. Aggrieved with the orders of the Assessing Officer, the assessee filed an appeal before the first appellate authority. 5. During the proceedings before the Commissioner of Income-tax (Appeals), the assessee submitted that in fact, tax deduction at source was made on certain perquisites accrued to the employees of the assessee and the said tax deducted at source amounts were not deposited to the Government of India account following the directions of the hon'ble Calcutta High Court, vide Writ Petition No. 5642(W) of 2002, dated March 27, 2002. In the said writ petition, the validity of rule 3 of the Income-tax Rule, 1962, was questioned and the same is still pending for finality. However, the hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals), the Revenue filed an appeal before the Tribunal. 6. During the e-court proceedings before us, the learned Departmental representative mentioned the facts of the case that lead to the abovesaid direction of the Commissioner of Income-tax (Appeals), which is now being decided. The learned Departmental representative relied on the order of the Assessing Officer and pleaded for vacating the direction of the Commissioner of Income-tax (Appeals). He further mentioned that both the amounts could be calculated with interest. 7. On the other hand, Shri R. Raja Gopalan, learned counsel for the assessee, brought to our notice the development before the Delhi Bench of the Income-tax Appellate Tribunal, wherein an identical issue came up for ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osited in the Central Government account and it is in respect of compensatory interest which become due on late depositing of tax deducted at source. The orders of the Assessing Officer are not penal in nature and it is merely for recovery of tax deducted at source and compensatory interest thereon. The Assessing Officer has raised the aforesaid demands strictly in accordance with the Act under the due procedure established by law. He has raised demands, which otherwise should have been deposited in accordance with law. Had the appellant been not restrained by the hon'ble High Court of Calcutta from doing so as claimed by the appellant before the Assessing Officer and before me and it is clear from the hon'ble High Court order filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumcised by the final order of the hon'ble Calcutta High Court as the said amount was deposited in a particular bank the Assessing Officer on the direction of the hon'ble High Court and apparent contention that no interest can be demanded under section 201(1A) of the Income-tax Act is correct as it is prevented by the order of the hon'ble High Court from depositing the said amount in Government account, hence, the amount of interest if any payable by the appellant as mentioned above will be subject to the final order of the hon'ble Calcutta High Court in the matter." 9. Further, we have examined the order of the Delhi Bench of the Tribunal, vide I.T.A. Nos. 5001 to 5005/Del/2012 (supra), dated November 22, 2012, and paragra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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