TMI Blog2018 (2) TMI 2102X X X X Extracts X X X X X X X X Extracts X X X X ..... providing an opportunity of being head to the assessee and thereby enhanced the tax liability of the assessee company, provisions contained u/s 154 (3) of the Act are attracted making it obligatory on the part of the Revenue to provide an opportunity of being heard to the assessee company. So impugned order passed by the ld. CIT (A) is not sustainable in the eyes of law and consequently file is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yments of TDS and has failed to apply her mind to the facts and circumstances of the case by ignoring the stay order of the Hon ble Delhi High Court wherein no recoveries were to be made pursuant to the circular no.8/2009 dt. 24.11.2009 and hence the impugned order being bad in law is to be set aside. 2. The Ld. CIT (A) has erred in confirming the action of the AO by ignoring judicial preced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act, 1961 (for short the Act ), interest has been charged u/s 201(1A) of the Act for late payment of TDS by the assessee company. 3. Assessee carried the matter by way of filing appeal before the ld. CIT (A) who has partly allowed the appeal. Feeling aggrieved, the assessee has come up before the Tribunal by way of filing the present appeal. 4. We have heard the ld. Authorized Represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncial instability that the assessee will go through. In my view, charging of interest u/s 201(1A) cannot be questioned on the basis of financial condition of the assessee and recovery of demand is consequential in nature. However, considering the special circumstances in view of the High Court order, appellant should get an opportunity to explain the computation of interest u/s 201(1A) before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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