Maithon Power Ltd., Dhanbad V. ACIT, Dhanbad

ITA 109/RAN/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0020 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2016
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2015
• Court: TRIBUNAL
• Department Lawyers: CHOUDHURY ORAON

Judgement Text

1 ITA NO. 109-111/RAN/2015, AY 2010-11 MAITHAN POWER LIMITED IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI [BEFORE SHRI N. V. VASUDEVAN, JM & SHRI M. BALAGAN ESH, AM] I.T.A NO. 109 TO 111/RAN/2015 ASSESSMENT YEAR: 2010-11 MAITHAN POWER LIMITED VS. ASST. COMMISSIONER OF INCOME-TAX, MA-2&5, GOGNA COLONY, TDS CIRCLE, RANCHI MAITHON DAM, DHANBAD-828207 (PAN:RCHMO2200C) (APPELLANT) (RESPONDENT) DATE OF HEARING: 09.09.2016 DATE OF PRONOUNCEMENT: 12.09.2016 FOR THE APPELLANT: SMT. AMRITA SINHA WITH SHRI M. K .CHOUDHURY, ADVOCATES FOR THE RESPONDENT: SHRI CHOUDHURY ORAON, DR ORDER PER SHRI M. BALAGANESH, AM: ALL THESE APPEALS BY ASSESSEE ARE ARISING OUT OF SE PARATE ORDER OF CIT(A), RANCHI VIDE APPEAL NO. 36-38/RAN/OTH/11-12 DATED 20 .03.2015. ASSESSMENT WAS FRAMED BY ACIT, TDS CIRCLE, RANCHI U/S. 201(1)/201( 1A) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR AY 2010-11 VIDE HIS ORDER DATED 31.05.2011. 2. ALL THESE APPEALS ARISE OUT OF ORDERS PASSED U/ S. 201(1)/201(1A) OF THE ACT FOR SHORT/NON-PAYMENT OF TDS OBLIGATIONS FOR THREE QUARTERS BY THE ASSESSEE FOR AY 2010-11. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. WE FIND THAT THE DEMAND PAYABLE FOR T HE FIRST QUARTER IS RS.35,82,961/- AS AGAINST WHICH THE LD.AR STATED THAT THE ASSESSEE HAS MADE GOOD THE SHORT PAYMENT OF TDS BY MAKING PAYMENTS LATER AND BY ALSO FILING CORRECTION STATEMENT BEFORE THE TDS AUTHORITIES. AFTER TAKING INTO ACCO UNT ALL THE SUBSEQUENT PAYMENTS MADE BY THE ASSESSEE, THE LD.AR ARGUED THAT THERE I S ONLY A SMALL DEMAND OF RS.3930/- PAYABLE FOR THE FIRST QUARTER OF THE ASSE SSMENT YEAR 2010-11 BY THE 2 ITA NO. 109-111/RAN/2015, AY 2010-11 MAITHAN POWER LIMITED ASSESSEE, WHICH FACT MAY BE DIRECTED TO BE VERIFIED BY THE LD. AO. SIMILARLY, IN RESPECT OF SECOND QUARTER, THE DEMAND RAISED WAS IN THE SUM OF RS.64,81,498/- AND THERE IS NO DEMAND PAYABLE AS ON DATE FOR THE SAID QUARTER SUBSEQUENT TO PAYMENT OF TAX AND FILING OF CORRECTION STATEMENT. SIMILARLY, IN RESPECT OF THE THIRD QUARTER, THE DEMAND RAISED BY THE AO WAS RS.89,32,295/- AND AS O N DATE THERE IS ONLY A SMALL DEMAND PAYABLE IN THE SUM OF RS.690/- SUBSEQUENT TO PAYMENT OF TAX IN FUTURE DATES AND FILING OF CORRECTION STATEMENT. WE FIND THAT T HIS ASPECT OF PAYMENT OF TAX AT FUTURE DATES AND FILING OF CORRECTION STATEMENTS NE EDS TO BE VERIFIED BY THE AO IN ORDER TO TREAT THE ASSESSEE AS ASSESSEE IN DEFAULT WITHIN THE MEANING OF SECTION 201 OF THE ACT AND WORK OUT THE INTEREST U/S. 201(1A) A CCORDINGLY. HENCE, WE DEEM IT FIT AND APPROPRIATE TO SET ASIDE THESE APPEALS TO T HE FILE OF THE AO AND DECIDE THE ASSESSMENT AFRESH IN ACCORDANCE WITH LAW. THE APPEA LS OF ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12.09.2016 SD/- SD/- (N. V. VASUDEVAN) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED :12TH SEPTEMBER, 2016 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT 2 RESPONDENT 3 . THE CIT(A), 4. 5. CIT DR, ITAT, RANCHI / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .