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    <title>1984 (6) TMI 130 - ITAT MADRAS-B</title>
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    <description>Interest under section 139(8) was held not leviable where a registered firm, treated as an unregistered firm for that purpose, had no tax payable on regular assessment and the advance tax paid exceeded the assessed demand. The Tribunal applied the statutory fiction only to cases in which tax remains payable on the total income determined after giving credit for advance tax and tax deducted at source. As that basis was absent on the facts, the charge of interest could not stand and the refusal to rectify the assessment was unsustainable.</description>
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    <pubDate>Wed, 27 Jun 1984 00:00:00 +0530</pubDate>
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      <title>1984 (6) TMI 130 - ITAT MADRAS-B</title>
      <link>https://www.taxtmi.com/caselaws?id=69924</link>
      <description>Interest under section 139(8) was held not leviable where a registered firm, treated as an unregistered firm for that purpose, had no tax payable on regular assessment and the advance tax paid exceeded the assessed demand. The Tribunal applied the statutory fiction only to cases in which tax remains payable on the total income determined after giving credit for advance tax and tax deducted at source. As that basis was absent on the facts, the charge of interest could not stand and the refusal to rectify the assessment was unsustainable.</description>
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      <pubDate>Wed, 27 Jun 1984 00:00:00 +0530</pubDate>
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