TMI Blog2020 (8) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... a fresh certificate issued for NIL TDS and is applicable for the period 28.04.2017 to 31.03.2018 NIL certificate got revived and the question of deduction of TDS will not arise. In that case there cannot be any delay. In the circumstances there is no question of levy of interest u/s. 201(1A) of the Act. Thus, we direct the Assessing Officer to delete the interest levied u/s. 201(1A) of the Act. Appeal of the assessee is allowed. - ITA NO.446/MUM/2019 - - - Dated:- 20-7-2020 - Shri C.N. Prasad, Hon'ble Judicial Member And Shri S. Rifaur Rahman, Hon'ble Accountant Member For the Assessee : Shri Nitesh Joshi For the Department : Shri Amit Pratap Singh ORDER PER C.N. PRASAD (JM) 1. This appeal is filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide its Order dated 16/25 January 2018 held the cancellation order dated 23.10.2017 passed by the Income-tax dept. as a non-speaking order and rendering the same as bad and quashed the same. However, the Assessing Officer levied interest u/s. 201(1)(A) for delay in remittance of TDS which the Ld.CIT(A) upheld. 4. Learned Counsel for the assessee submitted that pursuant to the direction of the Hon'ble Bombay High Court, the TDS exemption certificate was restored by another certificate No 0218AG041E which was applicable for the entire period of 28.04.2017 to 31.03.2018. Learned Counsel for the assessee submitted that evidence of these Nil rate TDS certificates from the TRACES site are attached for ready reference in Annexure E. Lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e certificate dated 04.05.2017 issued by the Assessing Officer for NIL rate of tax got revived whereby the position prior to cancellation of the certification on 23.10.2017 was restored. Further, in view of a fresh certificate issued for NIL TDS and is applicable for the period 28.04.2017 to 31.03.2018 NIL certificate got revived and the question of deduction of TDS will not arise. In that case there cannot be any delay. In the circumstances there is no question of levy of interest u/s. 201(1A) of the Act. Thus, we direct the Assessing Officer to delete the interest levied u/s. 201(1A) of the Act. 7. In the result, appeal of the assessee is allowed. 8. Before parting, we noticed that this appeal was heard on 09.01.2020 and the pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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