DCIT, Coimbatore V. Hi_Bright Property (India) P Ltd., Coimbatore

ITA 1636/CHNY/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68733 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 12-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAJI P JACOB IRS
• Assessee Lawyers: B RAMAKRISHNAN
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO.1636(MDS)/2013 ASSESSMENT YEAR : 2008-09 THE DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE I(3), COIMBATORE. VS M/S. HI-BRIGHT PROPERTY (INDIA) P LTD., 331, 4 TH STREET EXTN., GANDHIPURAM, COIMBATORE 641 012. PAN AABCH7711B. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAJI P JACOB, I RS, ADDL. CIT RESPONDENT BY : SHRI B.RAMAKRISHNAN, CA DATE OF HEARING : 25 TH SEPTEMBER, 2013 DATE OF PRONOUNCEMENT : 25 TH SEPTEMBER, 2013 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS APPEAL IS FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2008-09. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-I AT COIMBATORE, DATED 6-5-2013 AND ARISES OUT OF THE AS SESSMENT - - ITA 1636 OF 2013 2 COMPLETED UNDER SECTION 143(3), READ WITH SECTION 1 47 OF THE INCOME-TAX ACT, 1961. 2. THERE IS A DELAY OF TEN DAYS IN FILING THIS APP EAL BY THE REVENUE. THE REVENUE HAS FILED AN AFFIDAVIT AL ONGWITH A PETITION FOR CONDONING THE DELAY, STATING THEREIN T HE CIRCUMSTANCES IN WHICH THE FILING OF THE APPEAL WAS DELAYED. ON GOING THROUGH THE FACTS STATED IN THE PETITION AND AFFIDAVIT, WE FIND THAT THERE WAS NO LAPSE ON THE PART OF THE OFFICERS TO FILE THE APPEAL IN TIME. THE DELAY WAS CAUSED DUE TO REASON S BEYOND THEIR CONTROL. IN THESE CIRCUMSTANCES, THE DELAY C AUSED IN FILING THIS APPEAL IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON THE ROLLS OF THE TRIBUNAL. 3. THE MAIN GROUND RAISED BY THE REVENUE IS THAT T HE COMMISSIONER OF INCOME-TAX(APPEALS) HAS FAILED TO C ONSIDER THAT THE COMMISSION WAS PAID DURING THE MONTH OF MAY, 20 07 AND THE ASSESSEE HAS TO DEDUCT/PAY TDS ON OR BEFORE 7-6-200 7, BUT THE SAME WAS DEDUCTED/PAID INTO THE GOVERNMENT ACCOUNT BELATEDLY ON 29-9-2008. IT IS THE CASE OF THE REVENUE THAT T HE LEARNED - - ITA 1636 OF 2013 3 COMMISSIONER OF INCOME-TAX(APPEALS) OUGHT TO HAVE C ONSIDERED THAT THE PROVISIONS OF SECTION 40(A)(IA), WHICH WER E AMENDED WITH EFFECT FROM 1-4-2010, WITH EFFECT FROM THE ASSESSME NT YEAR 2010-11, DO NOT APPLY TO THE ASSESSEES CASE IN VIE W OF BELATED PAYMENT OF TDS INTO THE GOVERNMENT ACCOUNT. 4. SHRI SHAJI P JACOB, THE LEARNED COMMISSIONER OF INCOME-TAX APPEARED FOR THE REVENUE AND SHRI B.RAMA KRISHNAN, THE LEARNED CHARTERED ACCOUNTANT APPEARED FOR THE R ESPONDENT- ASSESSEE. IN FACT, VARIOUS BENCHES OF THE INCOME- TAX APPELLATE TRIBUNAL HAVE CONSIDERED AND HELD THAT THE AMENDMEN T IS RETROSPECTIVE IN NATURE AND IF THE ASSESSEE HAS DED UCTED TAX AND MADE THE PAYMENT TO GOVERNMENT ACCOUNT ON OR BEFORE THE DUE DATE FOR FILING THE RETURN OF INCOME, THEN THE RIGO URS OF SECTION 40(A)(IA) WILL NOT HAUNT THE ASSESSEE. THIS VIEW H AS ALSO BEEN TAKEN BY THE HONBLE CALCUTTA HIGH COURT IN THE CAS E OF CIT VS. VIRGIN CREATIONS, 2012 TIOL 181- HC KOL IT. IN THESE CIRCUMSTANCES, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX(APPEALS). - - ITA 1636 OF 2013 4 5. IN RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME O F HEARING ON WEDNESDAY, THE 25 TH OF SEPTEMBER, 2013 AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED, THE 25 TH SEPTEMBER, 2013. V.A.P. COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GF.