M/s. Anuvarat Exports & Imports Private Limited , Kolkata V. ITO, Ward - 8(1), Kolkata , Kolkata

ITA 1656/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1948 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 02-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS CIT D R RESPONDEN
• Assessee Lawyers: RAJESH DUGGAR
• Section: 154

Judgement Text

ITA NO. 1656/KOL/2018 ASSESSMENT YEA R: 2014-2015 M/S. ANU VARAT EXPORTS & IMPORTS PRIVATE LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) I.T.A. NO. 1656/KOL/2018 ASSESSMENT YEAR: 2014-2015 M/S. ANUVRAT EXPORTS & IMPORTS PRIVATE LIMITED,.... .......................APPELLANT 4, HO CHI MINH SARANI, 2 ND FLOOR, SUIT NO. 2F, JEEVAN DEEP, KOLKATA-700 071 [PAN: AACCA 5477 C] -VS.- INCOME TAX OFFICER,................ ..................RESPONDENT WARD-8(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI RAJESH DUGGAR, A.R, FOR THE APPELLANT SMT. RANU BISWAS, ADDL. CIT, D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : NOVEMBER 20, 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 20, 2018 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, KOLKATA DAT ED 24.05.2018 AND THE SOLITARY GROUND RAISED THEREIN BY THE ASSESSEE READS AS UNDER:- FOR THAT IN VIEW OF FACTS AND CIRCUMSTANCES, LD. CIT(APPEALS)-3 PASSED THE ORDER NOT GOOD IN THE EYE OF LAW SINCE CONTRAVENING THE PROVISIONS OF SECTION 25 0(1), 250(4) AND 250(6) OF THE INCOME TAX ACT MANIFEST FR OM THE OBSERVATION RECORDED THEREFORE THE ASSESSING O FFICER IS HEREBY DIRECTED TO ALLOW THE CREDIT OF SAID TDS IF ANY AFTER DUE VERIFICATION. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH FILED ITS RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION O N 14.11.2013. THE SAID RETURN WAS PROCESSED BY CPC, BANGALORE UNDER S ECTION 143(1) ACCEPTING THE INCOME AS DECLARED BY THE ASSESSEE. T HE CREDIT FOR TAX ITA NO. 1656/KOL/2018 ASSESSMENT YEA R: 2014-2015 M/S. ANU VARAT EXPORTS & IMPORTS PRIVATE LIMITED 2 DEDUCTED AT SOURCE AMOUNTING TO RS.57,501/- AS CLAI MED BY THE ASSESSEE IN THE RETURN OF INCOME, HOWEVER, WAS NOT ALLOWED A ND CONSEQUENTLY A DEMAND OF RS.62,710/- WAS RAISED AGAINST THE ASSESS EE. THE ASSESSEE MOVED AN APPLICATION UNDER SECTION 154 SEEKING RECT IFICATION OF MISTAKE IN THE INTIMATION ISSUED UNDER SECTION 143(1) IN NO T GIVING THE CREDIT ON ACCOUNT OF TAX DEDUCTED AT SOURCE AND ON REJECTION OF THE SAID APPLICATION, HE FILED AN APPEAL BEFORE THE LD. CIT(APPEALS). AFT ER CONSIDERING THE SUBMISSIONS MADE BY THE ASSESSEE BEFORE HIM, THE LD . CIT(APPEALS) DECIDED THE ISSUE VIDE PARAGRAPH NO. 3 OF HIS APPEL LATE ORDER DATED 24.05.2018 AS UNDER:- THE ONLY ISSUE IN THIS CASE IS SHORT CREDIT OF TDS OF RS.57,501/-. THE APPELLANT HAS FILED ITS RETURN OF INCOME ON 14.11.2013. THE CPC BANGALORE PROCESSED THE RETU RN OF INCOME FILED BY THE APPELLANT AND ISSUED INTIMAT ION U/S 143(1) DATED 05.11.2015 DETERMINING THE TAX LIABILITY AT RS.62,710/-. THE APPELLANT HAS FIXED D EPOSIT WITH BANK OF RS.5,74,997.33 AND THE TDS WAS DEDUCTE D BY BANK OF RS.57,501/-. THE AR OF THE APPELLANT HAS CLAIMED THAT THE SUM OF RS.57,501/- IS BEING REFLEC TED IN FORM 26AS OF THE APPELLANT. THE APPELLANT THEREFORE FILED RECTIFICATION APPLICATION U/S 154 AND AGAIN T HE AO HAS GIVEN NIL CREDIT. NO REASONS HAVE BEEN GIVEN FO R REJECTION OF THE 154 APPLICATION. DUE CREDIT FOR TD S MUST BE GIVEN TO THE ASSESSEE, MORE SO FOR THE FACT THAT THE CORRESPONDING INCOME HAS BEEN BROUGHT TO TAX. THEREFORE, THE ASSESSING OFFICER IS HEREBY DIRECTED TO ALLOW THE CREDIT OF SAID TDS, IF ANY, AFTER DUE VERIFICATION. THEREFORE, THIS GROUND IS HEREBY ALLO WED FOR STATISTICAL PURPOSES. STILL AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS ), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 3. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IT IS OBSERV ED THAT THE ASSESSEE HAS BEEN HELD TO BE ENTITLED FOR THE TDS CREDIT BY THE LD. CIT(APPEALS) VIDE HIS IMPUGNED ORDER KEEPING IN VIEW ESPECIALLY THE F ACT THAT THE CORRESPONDING INCOME HAS ALREADY BEEN BROUGHT TO TA X IN THE HANDS OF THE ASSESSEE. HE ACCORDINGLY HAS ALSO DIRECTED THE ASSE SSING OFFICER TO ALLOW ITA NO. 1656/KOL/2018 ASSESSMENT YEA R: 2014-2015 M/S. ANU VARAT EXPORTS & IMPORTS PRIVATE LIMITED 3 THE CREDIT OF SUCH TDS AFTER DUE VERIFICATION. KEEP ING IN VIEW THIS RELIEF ALLOWED BY THE LD. CIT(APPEALS) TO THE ASSESSEE, TH E LD. COUNSEL FOR THE ASSESSEE HAS BEEN ASKED TO EXPLAIN WHAT EXACTLY IS THE GRIEVANCE OF THE ASSESSEE. HE HAS SUBMITTED THAT THE ASSESSING OFFIC ER HAS REFUSED TO FOLLOW THE DIRECTION OF THE LD. CIT(APPEALS) GIVEN VIDE HIS IMPUGNED ORDER ON THE GROUND THAT THE LD. CIT(APPEALS) HAS NO POWE R TO REMAND THE MATTER TO THE ASSESSING OFFICER. IN MY OPINION, THE DIRECTION GIVEN BY THE LD. CIT(APPEALS) TO THE ASSESSING OFFICER TO ALLOW THE CREDIT OF TDS AFTER DUE VERIFICATION DOES NOT AMOUNT TO REMANDING THE M ATTER TO THE ASSESSING OFFICER AND THE ASSESSING OFFICER THUS IS NOT JUSTIFIED IN NOT COMPLYING WITH THE DIRECTION OF THE LD. CIT(APPEALS ). IN ANY CASE, SINCE THIS ISSUE HAS BEEN BROUGHT BY THE ASSESSEE BY WAY OF AN APPEAL BEFORE THE TRIBUNAL, I DIRECT THE ASSESSING OFFICER TO ALL OW THE CREDIT OF TDS TO THE ASSESSEE AFTER NECESSARY VERIFICATION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON NOVEMBER 20, 2018. SD/- (P.M. JAGTAP) VICE-PRESIDENT (KZ) KOLKATA, THE 20 TH DAY OF NOVEMBER, 2018 COPIES TO : (1) M/S. ANUVRAT EXPORTS & IMPORTS PRIVATE LIMITED, 4, HO CHI MINH SARANI, 2 ND FLOOR, SUIT NO. 2F, JEEVAN DEEP, KOLKATA-700 071 (2) INCOME TAX OFFICER, WARD-8(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-3, KOLKA TA, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.