Ultravision Housing Company, Coimbatore V. ACIT, Coimbatore

ITA 1378/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7367 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 30-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAYAPRABHA
• Assessee Lawyers: S SRIDHAR
• Section: 194C; 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.1378/CHNY/2017 ( / ASSESSMENT YEAR: 2012-13) M/S. ULTRAVISION HOUSING COMPANY, BLOCK B-15, TWIN BUNGALOW, HALL MARK, PARSN, NANJUDAPURAM ROAD, COIMBATORE 641 036. VS THE ACIT, NON CORPORATE CIRCLE -1, COIMBATORE 641 018. PAN:AABFU9730A ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI S. SRIDHAR, ADVOCATE / RESPONDENT BY : MS. VIJAYAPRABHA, JCIT /DATE OF HEARING : 12.07.2018 /DATE OF PRONOUNCEMENT : 17.07.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, COIMBATORE, DATED 31.10.2016 IN APPEAL NO.405/15-16 FOR THE ASSESSMENT YEAR 2012-13 PASSED U/S.250(6) R.W.S.143(3) OF THE ACT. 2. THE ASSESSEE HAS RAISED THREE GROUNDS IN ITS APPEAL HOWEVER THE CRUXES OF THE ISSUES ARE THAT THE LD.CIT(A) HAS ERRED IN NOT CONSIDERING THE APPLICABILITY OF THE EXCLUSION CAUSE IN SUB-SECTION 2 ITA NO.1378/CHNY/2017 (3) OF CLAUSE (IV) OF EXPLANATION TO SECTION 194C OF THE ACT AND HAS FURTHER ERRED IN SETTING ASIDE THE MATTER TO THE FILE OF LD.AO FOR VERIFICATION, WHICH POWER OF THE CIT(A) HAS BEEN OMITTED BY THE FINANCE ACT, 2001 W.E.F. 01.06.2001. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL ENGAGED IN THE BUSINESS OF BUILDING CONSTRUCTION AND SALE OF PROPERTY IN THE NAME OF HIS SOLE PROPRIETARY FIRM M/S.ULTRAVISION HOUSING COMPANY, FILED HIS RETURN OF INCOME ELECTRONICALLY FOR THE ASSESSMENT YEAR 2012-13 ON 16.09.2012 ADMITTING TOTAL INCOME OF RS.63,98,180/-. INITIALLY THE RETURN WAS PROCESSED U/S.143(1) OF THE ACT AND SUBSEQUENTLY THE CASE WAS SELECTED FOR SCRUTINY UNDER CASS AND NOTICE U/S.143(2) & 143(1) OF THE ACT WAS ISSUED TO THE ASSESSEE ON 14.09.2013 & 15.12.2014 RESPECTIVELY. FINALLY ASSESSMENT ORDER WAS PASSED U/S.143(3) OF THE ACT ON 05.03.2015 WHEREIN THE LD.AO MADE SEVERAL ADDITIONS, ONE OF THE ADDITION BEING DISALLOWANCE U/S. 40(A)(IA) R.W.S. 194C OF THE ACT BECAUSE THE ASSESSEE HAD NOT DEDUCTED TAX AT SOURCE. ON APPEAL, THE LD.CIT(A) DIRECTED THE LD.AO TO VERIFY THE DETAILS AND THEREAFTER DELETE THE DISALLOWANCE IN ACCORDANCE WITH THE PROVISIONS OF THE ACT. 3 ITA NO.1378/CHNY/2017 4. BEFORE US THE LD.AR SUBMITTED THAT THE LD.CIT(A) DO NOT HAVE THE POWER TO REMIT BACK THE MATTER TO THE FILE OF LD.AO, BECAUSE THE SAME WAS OMITTED BY THE FINANCE ACT, 2001 W.E.F. 01.06.2001. HENCE HE PLEADED THAT ORDER OF THE LD.CIT(A) IS ERRONEOUS. THE LD.DR COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD.AR. 5. AFTER HEARING BOTH SIDES, WE FIND MERIT IN THE SUBMISSION OF THE LD.AR. HOWEVER THIS TRIBUNAL HAS THE POWER TO REMIT THE MATTER BACK TO THE FILE OF LD.AO FOR DE-NOVA CONSIDERATION. SINCE ON MERITS THE CASE OF THE ASSESSEE HAS NOT BEEN PROPERLY EXAMINED, IN THE INTEREST OF JUSTICE WE HEREBY REMIT BACK THE MATTER TO THE FILE OF LD.AO FOR FRESH CONSIDERATION. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 17 TH JULY, 2018 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER 4 ITA NO.1378/CHNY/2017 /CHENNAI, /DATED 17 TH JULY, 2018 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF