TaxTMI 
TaxTMI 
2017 (3) TMI 1880
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....einafter referred to as the AO]. 2. The assessee has taken as many as 7 number of grounds of appeal, A.Y. 2009-10 relating to Q1 , Q3 and Q4 . The sum and substance of the grounds of appeal are that the learned CIT(A) has erred in holding that the assessee was liable to pay a sum of Rs. 1,47,530/- [ short deduction Rs. 82,719+ interest Rs. 64,807] for Q1 , Rs. 3,74,230/- [short deduction Rs. 2,15,047/- +interest Rs. 1,59,185) for Q3 and Rs. 3,74,230/- [ short deduction Rs. 1,19,111/- + interest Rs. 83,676) for Q4 on account of short den and interest thereon as per provisions of section 194A read with section 201(1) of the Act without properly considering the decision of Hon`ble Supreme Court in the case of Hindustan Coca Cola Beverage....
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.... no further details given with regard to interest income shown by the said party. Similarly with regard to M/s. Madhya Pradesh Trade & Investment Facilitation Corporation Ltd. Bhopal , the assessee has submitted balance sheet and Profit & Loss Account of this payee but further details regarding interest received from bank and tax paid on same is not tallying. The Ld. CIT (A) further observed that the assessee cannot be absolved from payment of interest. Therefore, the action of the AO was upheld. 5. Being, aggrieved the assessee filed this appeal before the Tribunal. However, when the assessee appeal was called for hearing none from the assessee side appeared. However, we find from the copies of Profit & Loss Account , balance sheet and ot....
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....eld the order of the Assessing Officer. On further appeal, the Tribunal confirmed the order of the Commissioner (Appeals). The further appeal filed by the assessee was also dismissed by the High Court. Thereafter, the assessee filed an application under section 254(2) for rectification of the order of the Tribunal on the ground that its alternative contention that the warehouse had been assessed on its income and the tax due had been recovered from it by the department and also it had received refund from the department and, therefore, no further tax could have been collected from it, had not been considered by the Tribunal. The Tribunal while allowing assessee's application held that there was a mistake apparent on the face of record and, ....