DCIT 3(1), MUMBAI V. HEMLATA INVESTMENT P. LTD, MUMBAI

ITA 1211/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4000 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 12-06-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 22-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 154

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL H B ENCH, MUMBAI . . , !'#$ , % &' BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI N.K. BILLAIYA, AM ./ I.T.A. NO. 1211/MUM/2012 ( ( ( ( ( / ASSESSMENT YEAR : 2007-08 THE DCIT, CIRCLE 3(1), AAYAKAR BHAVAN, MUMBAI-400 020 M/S. HEMLATA INVESTMENT PVT. LTD., 1201/1202, ARCADIA PREMISES, NCPA ROAD, NARIMAN POINT, MUMBAI-400 021 ') % ./ *+ ./PAN/GIR NO. : AAACH 0052Q ( ), /APPELLANT ) .. ( -.), / RESPONDENT ) ), / / APPELLANT BY : ` SHRI ABHINAY KUMBHAR -.), 0 / /RESPONDENT BY : NONE 0 12% / DATE OF HEARING :24.07.2013 34( 0 12% / DATE OF PRONOUNCEMENT :24.07.2013 &5 / O R D E R PER N.K. BILLAIYA, AM: THE REVENUE HAS PREFERRED THIS APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-7, MUMBAI DT.12.10.2011 PERTAINING TO A.Y. 2007-08. 2. THE SHORT GRIEVANCE OF THE REVENUE IS THAT THE L D. CIT(A) ERRED IN DIRECTING THE AO TO ALLOW CREDIT FOR TDS OF RS. 5,3 8,560/-. ITA NO.1211/MUM/2012 2 3. NONE APPEARED ON BEHALF OF THE ASSESSEE HENCE WE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND DISPOSE OF THIS MAT TER EX PARTE ON MERIT. 4. FACTS OF THE CASE SHOW THAT THE ASSESSEE FILED R ETURN OF INCOME DECLARING NET INCOME OF RS. 24,14,640/- ELECTRONICA LLY ON 21.10.2007. THE RETURN WAS PROCESSED U/S. 143(1) OF THE I.T. AC T. THE ASSESSEE NOTICED THAT CREDIT FOR ADVANCE TAX OF RS. 1,10,000 /- AND TDS OF RS. 5,38,560/- WAS NOT ALLOWED TO THE ASSESSEE. THE ASS ESSEE MOVED AN APPLICATION U/S. 154 OF THE ACT DT. 21.7.2010. THE AO ALLOWED CREDIT FOR ADVANCE TAX OF RS. 1,10,000/- BUT DECLINED CREDIT F OR THE TDS FOR RS. 5,38,560/- RECEIVED FROM M/S. PRATHIBA SHIPPING COM PANY. 5. AGGRIEVED BY THIS, THE ASSESSEE PREFERRED AN APP EAL BEFORE THE LD. CIT(A). IT WAS EXPLAINED THAT WHILE UPLOADING THE E-RETURN , INADVERTENTLY, THE ASSESSEE COULD NOT MENTION THE T DS OF RS. 5,38,560/- IN THE E-RETURN THOUGH THE CREDIT FOR THE SAME IS A LLOWED BY THE NSDL AND IS ALSO REFLECTED IN THE STATEMENT IN FORM NO. 26-A S IN DEPARTMENTS OFFICIAL WEBSITE. AFTER CONSIDERING THE FACTS AND SUBMISSIONS OF THE CASE, THE LD. CIT(A) WAS CONVINCED THAT IT IS A MISTAKE A PPARENT FROM RECORD AND DIRECTED THE AO TO VERIFY THE GENUINENESS OF TH E ASSESSEES CLAIM AND AFTER VERIFYING THE TDS CERTIFICATE, THE AO SHOULD GIVE CREDIT TO THE ASSESSEE IN ACCORDANCE WITH PROVISIONS OF LAW. 6. THE REVENUE IS BEFORE US AGAINST THIS FINDINGS O F THE LD. CIT(A). 7. THE LD. DEPARTMENTAL REPRESENTATIVE RELIED UPON THE FINDINGS OF THE AO. 8. WE HAVE CAREFULLY PERUSED THE FACTS ON RECORD. WE DO NOT FIND ANY REASON TO TAMPER WITH THE FINDINGS OF THE LD. CIT(A ) AS THE TDS HAS BEEN REFLECTED IN THE OFFICIAL WEBSITE OF THE DEPARTMENT IN THE STATEMENT IN ITA NO.1211/MUM/2012 3 FORM NO. 26-AS. WE DO SEE ANY REASON WHY THE CREDI T OF THE SAME SHOULD NOT BE GIVEN TO THE ASSESSEE, EVEN IF BY INA DVERTENCE , THE ASSESSEE COULD NOT CLAIM THE SAME IN THE E-RETURN FILED BY I T. FINDINGS OF THE LD. CIT(A) ARE ACCORDINGLY CONFIRMED. 9. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.07.2013 &5 0 4( % 6 7&8 24.7.2013 4 0 9 SD/- SD/- (H.L. KARWA ) (N.K . BILLAIYA ) /PRESIDENT % &' / ACCOUNTANT MEMBER MUMBAI; 7& DATED 24.7.2013 . . ./ RJ , SR. PS &5 0 -1! :!(1 &5 0 -1! :!(1 &5 0 -1! :!(1 &5 0 -1! :!(1 / COPY OF THE ORDER FORWARDED TO : 1. ), / THE APPELLANT 2. -.), / THE RESPONDENT. 3. ; ( ) / THE CIT(A)- 4. ; / CIT 5. !<9 -1 , , / DR, ITAT, MUMBAI 6. 9= > / GUARD FILE. &5 &5 &5 &5 / BY ORDER, .!1 -1 //TRUE COPY// ? ?? ? / @ @ @ @ * * * * (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI