The Assistant Commissioner of Income Tax, Circle-1, , Eluru V. The District Cooperative Bank Limited , Eluru

ITA 166/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2629 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 12-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Keywords: TDS
• Section: 40(a)(ia); 194C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER I . T . A . NO. 166 /VIZ/2019 (ASST. YEAR : 20 1 4 - 1 5 ) ACIT, CIRCLE - 1, ELURU. VS. M/S. THE DISTRICT CO - OPERATIVE CENTRAL BANK LTD., P.B.NO. 214, RAMACHANDRA RAO PET, ELURU, WEST GODAVARI DIST. PAN NO. AADAT 1078 R (APP ELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE DEPARTMENT BY : SMT.U.MINI CHANDRAN , SR. DR DATE OF HEARING : 16 / 0 3 /2020 . DATE OF PRONOUNCEMENT : 18 / 0 3 /20 20 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , RAJAMAHENDRAVARAM , DATED 26 / 12 /201 8 FOR THE ASSESSMENT YEAR 20 1 4 - 1 5 . 2. THIS APPEAL WAS HEARD ON 20/06/2019 AND ORDER WAS PRONOUNCED ON 26/06/2019 . SUBSEQUENTLY , THE DEPARTMENT FILED A MISC. APPLICATION N O . 32/VIZ/2019 AND SUBMITTED THAT GROUND NOS. 5 & 6 WERE NOT ADJUDICATED BY THE TRIBUNAL. THEREFORE, BY 2 ITA NO. 166/VIZ/2019 ( THE DISTRICT CO - OP CENTRAL BANK LTD. ) CONSIDERING THE SUBMISSIONS MADE BY THE DEPARTMENT, THE ORDER PASSED BY THE TRIBUNAL ON 26/06/2 019 WAS RECALLED BY ORDER DATED 06/03/2020 ONLY TO ADJUDICATE GROUND NOS. 5 & 6 . 3 . GROUND NO.5 RELATES TO ADDITION MADE BY THE ASSESSING OFFICER IN RESPECT OF VEHICLE HIRE CHARGES OF RS. 3,75,761/ - . ACCORDING TO THE ASSESSING OFFICER, THE ASSESSEE MADE THE PAYMENT TOWARDS HIRING OF THE VEHICLE CHARGES OF RS. 3,75,761/ - , BUT NOT MADE TDS THEREON , THEREFORE SECTION 40(A)(IA) IS APPLICABLE, HENCE, SAME IS DISALLOWED AND ADDED TO THE TOTAL INCOME OF THE ASSESSEE. 4 . O N APPEAL BEFORE THE LD. CIT(A), IT WAS SUBMITTED THAT THE AMOUNT OF RS. 3,75,761/ - WAS NOT PAID BY THE ASSESSEE DIRECTLY TO THE TAX IES HIRED BY THE APCOB . IN FACT, APCOB ITSELF HIRED THE TAXIES FOR VISITING THE BANK CHAIRMAN TO APCOB, HYDERABAD, THEREFORE SECTION 194C HAS NO APPLICATION . THE LD. CIT(A) BY CONSIDERING THE DOCUMENTARY EVIDENCE PRODUCED BY THE ASSESSING OFFICER GAVE A CATEGORICAL FINDING THAT ASSESSEE HAS NOT MADE ANY DIRECT PAYMENT TO THE HIRED TAXIES , IT IS ONLY PAYMENT MADE BY THE APCOB AN D DIRECTED THE ASSESSING OFFICER TO DELETE THE ADDITION . WE FIND NO INFIRMITY IN THE ORDER PASSED BY THE LD. CIT(A). THUS, THIS GROUND OF APPEAL RAISED BY THE REVENUE IS DISMISSED. 3 ITA NO. 166/VIZ/2019 ( THE DISTRICT CO - OP CENTRAL BANK LTD. ) 5. SO FAR AS GROUND NO.6 IS CONCERNED, IT IS MERE ACADEMIC , THEREFORE NO ADJUDICATION IS REQUIRED, SAME IS DISMISSED. 6 . I N THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 1 8 T H DAY OF MARCH , 2020 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 8 T H MARCH , 20 20 . VR/ - COPY TO: 1. THE ASSESSEE - M/S. THE DISTRICT CO - OPERATIVE CENTRAL BANK LTD., P.B.NO.214, RAMACHANDRA RAO PET, ELURU, WEST GODAVARI DIST. 2. THE REVENUE ACIT, CIRCLE - 1, ELURU. 3. THE PR. CIT , RAJAMAHENDRAVARAM. 4. THE CIT(A) , RAJAMAHENDRAVARAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.