OXYGEN BUSINESS PARK PRIVATE LIMITED,NOIDA vs. ITO,WARD INT. TAXATION 2(2)(2), NEW DELHI

This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-24 [hereinafter referred 1 to CIT (Appeals)] New Delhi, dated 28.02.2023 for the assessment year 2014-15 arising out of the order passed by the Assessing Officer under section 201(1) and 201(1A) of the Income Tax Act, 1961 (the Act) in directing the Assessing Officer to verify the correctness of the claim of the assessee that it had paid interest under section 201(1A) of the Act even before ther order under section 201(1A) was passed.

In the course of hearing the ld. Counsel for the assessee submits that on the directions of the ld. CIT (Appeals) the Assessing Officer passed a consequential order dated 30.08.2023 under section 250 of the Act wherein the Assessing Officer has accepted the claim of the assessee that no interest under section 201(1A) of the Act is liable to be charged after verifying the documentary evidence furnished and finally arriving at interest paid under section 201(1A) of the Act at NIL. 3. The ld. DR fairly submits that in the consequential order the assessee has got relief from the Assessing Officer. 4. On hearing both the parties and perusing the consequential order we find that the contentions of the assessee before the ld. CIT (Appeals) that it is not liable to pay interest for delay in depositing TDS was accepted on verification of the documentary evidences and ultimately the Assessing Officer concluded that no interest is liable to be charged under section 201(1A) of the Act in the order passed giving effect to the order of the ld. CIT (Appeals). In the circumstances we see no grievance in the appeal of the assessee and the same is dismissed accordingly.

In the result, appeal of the assessee is dismissed. Order pronounced in the open court on : 08/12/2023.