Adhunik Packagers Pvt. Ltd., Parwanoo V. ITO (TDS), Solan

ITA 1423/CHANDI/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8372 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 14-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation; TDS
• Section: 154

Judgement Text

6 11. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF BOT H THE PARTIES AND HAVE CAREFULLY PERUSED THE MATERIAL AVAILABLE ON RECORD. IN THE P RESENT CASE, IT IS AN ADMITTED FACT THAT THE AMENDMENT TOOK PLACE IN THE PROVISIONS OF SECTI ON 200A OF THE ACT AND THE FEE CHARGEABLE U/S 234E FOR LATE FILING OF RETURNS OF T HE TDS STATEMENT WAS TO BE LEVIED W.E.F. 1.6.2015. 12. ON A SIMILAR ISSUE THE HON'BLE JURISDICTIONAL H IGH COURT IN THE CASE OF CIT VS. STEEL STRIPS LTD (SUPRA) HELD AS UNDER;- IT IS CLEAR FROM THE ORDER OF THE ASSESSING OFFICE R THAT DEPRECIATION WAS ALLOWED OVERLOOKING SECTION 80VVA OF THE ACT. OVERLOOKING OF A STATUTORY PROVISION IS CLEARLY A M ISTAKE APPARENT ON RECORD AND ON THAT BASIS, RECTIFICATION UNDER SE CTION 154 OF THE ACT WAS CLEARLY ADMISSIBLE. IMPERMISSIBILITY OF DED UCTION IS NOT DEBATABLE IF SECTION 80VVA IS APPLIED. THIS BEING S O, THE CIT(A) AS WELL AS THE TRIBUNAL ERRED IN LAW IN HOLDING THAT R ECTIFICATION WAS BEYOND THE SCOPE OF SECTION 154 OF THE ACT. IT IS C LEAR THAT THE STATUTORY PROVISION HAVING COME INTO FORCE W.E.F. 1 .4.1984, THE SAME COULD HAVE BEEN APPLIED FOR THE ASSESSMENT YEA R 1984-85 AND THEREAFTER. 13. IN THE PRESENT CASE ALSO, THE AMENDMENT TOOK PL ACE W.E.F. 1.6.2015 WHILE THE RETURNS WERE FILED BY THE ASSESSEE PRIOR TO THAT AM ENDMENT AND THE TDS WAS DEPOSITED MUCH BEFORE THE SAID DATE I.E. 1.6.2015. THEREFORE, THE MISTAKE WAS APPARENT FROM THE RECORD AND REQUIRED TO BE RECTIFIED U/S 154 OF THE ACT. . 14. NOW THIS ISSUE HAS BEEN SETTLED BY THE VARIOUS BENCHES OF THE ITAT AND THE LATEST DECISION IS OF THIS BENCH OF THE ITAT, HAVING THE SIMILAR COMBINATION IN THE CASE OF SH. JASBIR SINGH ANAND, CHANDIGARH VS. ACIT, GHAZIABAD IN ITA NOS. 183 TO 185/CHD./2018 FOR THE ASSESSMENT YEARS2014-15 AND 2015-16 WHEREIN VIDE ORDER DATED 8.3.2019, IT HAS BEEN HELD AS UNDER:- 10. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND CAREFULLY GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. IT IS NOTICED THA T AN IDENTICAL ISSUE HAVING SIMILAR FACTS HAS BEEN ADJUDICATED BY VARIOUS BENCH ES OF THE ITAT. 11. ON A SIMILAR ISSUE THE ITAT DELHI BENCH E IN THE CASE OF GNA UDYOG LTD. VS. ASST. CIT, CPC, TDS GHAZIABAD(SUPRA) HAS HELD AS UNDER: