2020 (8) TMI 505

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.... Shri Amit Pratap Singh ORDER PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) - 60, Mumbai [hereinafter in short "Ld.CIT(A)"] dated 30.11.2018. 2. The only issue in the appeal of the assessee is in respect of levy of interest u/s. 201(1A) of the Act for delay in deduction of tax at source. 3. Briefly ....

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....he normal rate of 10% from TTML in relation to the payments made to them during Nov. and Dec. 2017 and paid the same to the Government in January 2018 and furnished the TDS certificates in Form 16A to the payee. Meanwhile TTML filed a writ petition before the Hon'ble Bombay High Court on such abrupt withdrawal of the TDS exemption certificate and the Hon'ble Bombay High Court vide its Orde....

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....sen since the payment were made to TTML in November 2017 whereas the TDS has been deducted at source on 2.01.2018 and paid to the Government on 17.01.2018. The same has been considered as a "late deduction" by the Assessing Officer and interest on "late deduction" has been charged thereon for 3 months; i.e November 2017 to January 2018. Learned Counsel for the assessee submitted that it may be ....

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....assed by the Assessing Officer withdrawing the exemption certificate issued to the assessee for NIL deduction of TDS. By virtue of the order of the Hon'ble Bombay High Court quashing the withdrawal order passed by the TDS Officer, the certificate dated 04.05.2017 issued by the Assessing Officer for NIL rate of tax got revived whereby the position prior to cancellation of the certification on 2....