Addl. CIT(TDS), Ghaziabad V. M/s. Dena Bank, Noida

ITA 1356/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96953 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 06-08-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 07-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMESH CHANDRA
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI C.M. GARG, JM ITA NO.1356/DEL/2014 ASSESSMENT YEAR : 2009-10 ADDL. CIT (TDS), GHAZIABAD. VS. DENA BANK, SECTOR-18, NOIDA. PAN: AAACD4249B (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE. DEPARTMENT BY : SHRI RAMESH CHANDRA, CIT, DR DATE OF HEARING : 06.08.2015 DATE OF PRONOUNCEMENT : 07.08.2015 ORDER PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) PASSED ON 02.12.2013 FOR THE A.Y. 2009-10. ITA NO.1356/DEL/2014. 2 2. TWO ISSUES HAVE BEEN RAISED BY THE REVENUE IN THIS APPEAL, VIZ., JURISDICTION OF THE CIT(A), NOIDA TO PASS THE ORDER AND DELETION OF DEMAND CREATED BY THE ADDL.CIT(TDS) GHAZIABAD U/S 2 01(1) AND 201(1A) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER AL SO CALLED THE ACT) TOWARDS FAILURE OF THE ASSESSEE TO DEDUCT TAX AT SO URCE FROM THE INTEREST PAID BY IT TO NEW OKHLA INDUSTRIAL DEVELOPMENT AUTH ORITY (NOIDA). 3. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE THE NOTICE. AS SUCH, WE ARE PROCEEDING TO DISPOSE OF TH IS APPEAL EX PARTE QUA THE ASSESSEE. 4. IT IS RELEVANT TO MENTION THAT SIMULTANEOUS WI TH THE INSTANT APPEAL, WE ALSO HEARD AN APPEAL BY THE REVENUE IN ITA NO.13 59/DEL/2014 NAMED AS ADDL. CIT(TDS) GHAZIABAD VS. CANARA BANK, NOIDA, FOR WHICH WE HAVE PASSED A SEPARATE DETAILED ORDER TODA Y ITSELF. IN THAT CASE, IT HAS BEEN HELD THAT BETWEEN THE PERIOD 5.6.2014 T O 15.11.2014, THE JURISDICTION OF THE FIRST APPELLATE AUTHORITY TO PA SS THE ORDERS AGAINST THE ORDERS OF THE ADDL.CIT (TDS), GHAZIABAD RESTED WITH THE CIT(A), ITA NO.1356/DEL/2014. 3 GHAZIABAD AND FOR THE PERIODS PRIOR TO 5.6.2014 AND AFTER 15.11.2014, IT VESTED IN CIT(A), NOIDA. IT HAS, THEREFORE, BEEN HE LD THAT ONLY THE CIT(A), NOIDA HAD RIGHTFUL JURISDICTION OVER THE AP PEAL EMANATING FROM THE ORDER PASSED BY THE ADDL. CIT(TDS), GHAZIABAD. ON MERITS, IT HAS BEEN HELD THAT THE PAYMENT OF INTEREST BY THE BANKS TO NOIDA DOES NOT REQUIRE ANY TAX WITHHOLDING AS THE SAME IS COVERED U/S 194A(3)(III)(F). RESULTANTLY, THE ORDER PASSED BY THE ADDL CIT(TDS) U/S 201(1) AND 201(1A) READ WITH SECTION 194A HAS BEEN SET ASIDE. 5. THE LD. DR WAS FAIR ENOUGH TO ADMIT THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT APPEAL ARE, MUTATIS MUTANDIS , SIMILAR TO THOSE OF ITA NO.1359/DEL/2014. FOLLOWING THE VIEW TAKEN IN THAT APPEAL, WE DECIDE BOTH THE ISSUES AGAINST THE REVE NUE AND DIRECT THAT THE ASSESSEE BANK CANNOT BE TREATED AS ASSESSEE IN DEFAULT U/S 201(1) AND 201(1A) OF THE ACT. ITA NO.1356/DEL/2014. 4 6. IN THE RESULT, THE APPEAL IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 07.08.201 5. SD/- SD/- [C.M. GARG] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 07 TH AUGUST, 2015. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.