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Ntt Data Global Delivery Services Ltd., ... vs Dcit, New Delhi on 20 December, 2018

As per section 234C, Interest to be levied if there is a short fall in advance tax as per returned income (and not assessed income). In this case, Appellant has claimed refund in return of income and no advance tax liability arises as per returned Income (this can be evident from return file u's 139(1), 139(4) and u/s 148) and hence interest u/s 234C should not be levied. Ld. AO has again erred in levy of Interest U/s 234C of Income Tax Act, 1961 The above ground is supported in case of M/s. EY Global Delivery Services India LLP vs. DCIT-4(1)(1), Bengaluru Wherein it was held that Interest u/s. 234C of the Act is to be levied on the returned income and not on the assessed income. Further, the order passed under section 250 appears to have been made without due consideration of all the grounds, evidences, and submissions placed on record by the appellant, thereby causing prejudice to the appellant. Based on all the above, I request your honor to remove this levy
Income Tax Appellate Tribunal - Delhi Cites 60 - Cited by 2 - Full Document
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