2013 (9) TMI 1186

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....ER B. R. Mittal (Judicial Member) These two appeals are filed by the department against the order of learned CIT(A) both dated 27.12.2011 for A.Ys. 2006-07 & 2007-08 on common ground as to whether learned CIT(A) has erred to delete the demand raised by the TDS officer u/s. 201(1) and 201(1A) of the Act on the facts and circumstances of the case. 2. Relevant facts giving rise to these appe....

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....2,96,76,900/- in A.Y. 2007-08. The Assessing Officer also determined the interest u/s. 201(1A) of the Act at Rs. 1,37,07,612/- in A.Y. 2006-07 and Rs. 1,39,48,143/- in A.Y. 2007-08. Thus the Assessing Officer raised total demand of Rs. 3,69,40,853/- and Rs. 4,36,25,043/- in A.Y. 2006-07 and 2007-08 respectively. Being aggrieved, the assessee filed appeals before the first appellate authority. ....

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....he Assessing Officer. On the other hand learned AR submitted that the said amounts have been held to be share application money and the Tribunal has also deleted the deemed dividend by upholding the orders of learned CIT(A). Therefore there is no question of applicability of section 194 of the Act. Above facts have not been disputed by learned Departmental Representative. 5. Considering the fac....