2014 (1) TMI 590

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....ri R Rajagopalan, Dy. General Manager, (Finance) ORDER:- Per: T S Kapoor: These are five appeals filed by the revenue against the order of Ld CIT(A) dated 15.6.2012. Common grounds are as under:-    1. The Ld CIT(A) has grossly erred in law in agreeing with the contention of the deductor that no interest can be demanded u/s 201(1A) of the Act.    2. Though the de....

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....ment. The Assessing Officer held technically the assessee should have deposited the TDS with the Income Tax Department and levied the impugned interest. Ld CIT(A) deleted the interest in these years by following observations:-    "I have gone through the assessment orders, the written submissions and paper book filed during the course of appellate proceedings. The Ld Assessing Officer....

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....om depositing the said amount in government account. Hence, it is a valid reason for not levying interest in all above assessment years. In any case, in view of the specific order of the Hon'ble High Court not to deposit the tax to the credit of Central Govt. but to deposit the same with in a separate account would not be a default within the meaning of section 201 read with proviso thereto. I hav....

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.... Moreover, the ld AR submitted that the cases of the assessee are covered by order of Hon'ble Tribunal in assessee's own case in I.T.A. No.5001 to 5005 vide order dated 22.11.2012. 6. We have heard the rival submissions of both the parties and have gone through the material available on record. We find merit in the argument of authorized representative. The amount in question was deposited in a....