TMI Blog2018 (12) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... fore assessee cannot be denied interest u/s. 244A of the Act when the tax was deducted and deposited in the exchequer in time, section 244A(2) is not attracted. Case of Larsen & Toubro (2010 (6) TMI 54 - BOMBAY HIGH COURT) to be followed. Direct the AO to allow the interest - Decided in favour of assessee. - INCOME TAX APPEAL NO.894 OF 2016 WITH INCOME TAX APPEAL NO.920 OF 2016 - - - Dated:- 17-12-2018 - AKIL KURESHI AND M.S. SANKLECHA, JJ. Mr. Tejveer Singh for the Appellant. Mr. Percy Pardiwalla, Senior counsel with Ms. Nupur Awasthi i/by M/s Consulta Juris for the Respondent. P.C.: 1. Since facts are common, we may record them from Income Tax Appeal No.894 of 2016. 2. Revenue has filed this appeal against the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he authorities below. The undisputed facts are that the TDS certificates were submitted with the return of income. It is also a fact that the TDS certificate has been issued by Reserve Bank of India and various other Government agencies therefore any defect in the TDS certificate cannot be attributed to the assessee. Further, the tax deducted at source by the deductors have been deposited to the credit of the Government, therefore assessee cannot be denied interest u/s 244A of the Act when the tax was deducted and deposited in the exchequer in time, section 244A(2) is not attracted. We draw support from the decision of the Hon'ble High Court of Bombay in the case of Larsen Toubro (supra). We, accordingly set aside the findings of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 244A(2) is not attracted. The appeal, therefore, does not raise any substantial question of law and is dismissed. 8. It can thus be seen that the Tribunal in its impugned judgment did not enter into the question of delay as referred to subsection (2) of Section 244 A of the Act on the ground that the tax was deducted at source in time and also deposited in the Government Revenue and therefore, subsection ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
