2003 (2) TMI 514

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....1) of the IT Act, 1961, the Tribunal has referred the following question for the opinion of this Court : "Whether, on the facts and in the circumstances of the case and in law the Tribunal was justified in directing the AO to allow interest on excess TDS. amount also despite the fact that interest under s. 214 is only allowable on advance-tax payment ?" 2. In this case, the assessee ha....

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....ounsel for the Revenue, Mr. Mathur. He brought to our notice the decision of this Court in case of CIT vs. Hindustan Engineering Co. (1996) 130 CTR (Raj) 433: (1995) 215 ITR 527(Raj), wherein this Court has taken the view that there is no provision for payment of interest on excess TDS. Even if refund is due on account of excess tax which has been paid in the form of TDS, there is no question of i....