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M/S. Hindustan Coca Cola Beverage Pvt. ... vs Commissioner Of Income Tax on 16 August, 2007

21. Further the AO quantified the amount u/s. 201(1) at Rs. 3,27,70,364 and interest u/s. 201(1A) at Rs. 19,66,218 as evidenced by the order passed by the DCIT-15(2) (TDS), Hyderabad u/s. 201(1) and 201(1A) of the IT Act, 1961 dated 11.11.2009. He has also observed that the assessee submitted evidence from hospitals wherein the payment received was reflected in their incomes and paid tax accordingly. Thus, the assessee is not treated as an assessee in default for the purpose of section 201(1) of the Act. As per the decision of the Supreme Court in the case of Hindustan Coco Cola Beverage Pvt. Ltd. vs. CIT (163 Taxman 365), interest u/s. 201(1A) is mandatory and is required to be charged. Accordingly, the AO charged interest u/s. 201(1A) at Rs. 19,66,018. Therefore, it is evident from the assessment order that the assessee was not treated as an assessee in default u/s. 201(1) of the Act.
Supreme Court of India Cites 6 - Cited by 479 - B S Reddy - Full Document
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