DCIT, Circle- 3(2), New Delhi vs. At&T Communication Services (India) Pvt. Ltd., New Delhi
In the result, appeal of the Revenue is dismissed
ITA 5781/DEL/2017[2004-05]Status: DisposedITAT Delhi10 Nov 2021AY 2004-05
Bench: Shri G.S. Pannu & Shri K. Narasimha Charyassessment Year: 2004-05
For Appellant: Sh. Padampani Bora, Sr. DRFor Respondent: Sh. Ravi Sharma, Advocate
Section 146Section 220(2)Section 254
…ramed, interest can be charged only after the expiry of 30 days from the date of service of demand notice pursuant to such fresh assessment order. Learned CIT(A) also followed the decision of Mumbai Bench of Tribunal in Addl. CIT vs. Hindalco Industries Ltd., 4 SOT 757, where it was held that on set aside of assessment, operation of original assessment order stands withdrawn and the demand notice issued pursuant to such assessment order becomes inoperative and stands extinguished; and therefore, in a case where the assessment was set aside, interest u/s. 220(2) has to be charged only after expiry of 30 days from…