The Surat Peoples Co.Op.Bank Ltd., Surat V. The Dy.CIT.,(OSD)-II, Surat

ITA 1826/AHD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63061 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 21-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A TIRKEY
• Assessee Lawyers: SHI K N BHATT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI G. C. GUPTA, HONBLE VICE PRESIDENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO.1826 / AHD/2012 (ASSESSMENT YEAR 2008-09) THE SURAT PEOPLES COOP. BANK LTD., VASUDHARA BHAWAN, TIMALIYAWAD, NANPURA, SURAT VS. DCIT (OSD)-II SURAT PAN/GIR NO. : AAAAT2885P (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHI K N BHATT, AR RESPONDENT BY: SHRI A. TIRKEY, SR. DR DATE OF HEARING: 15.10.2012 DATE OF PRONOUNCEMENT: 09.11.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE ORD ER OF LD. CIT(A) IV, SURAT DATED 28.03.2012. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER: IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A) OUGHT TO HAVE HELD THAT THE A.O. HAS ERRED IN LAW I N DISALLOWING THE SUM OF RS.38,36,507/- BY INVOKING THE S.40(A)(IA) OF TH E INCOME TAX ACT, 1961 AND HENCE, YOUR APPELLANT MOST HUMBLY PRAYS THAT TH E SAME BE DELETED. 2. AT THE OUTSET, IT WAS SUBMITTED BY THE LD. A.R. THAT THE MATTER SHOULD GO BACK TO THE FILE OF THE A.O. FOR A FRESH DECISION IN THE LIGHT OF THE DECISION OF SPECIAL BENCH OF THE TRIBUNAL RENDE RED IN THE CASE OF MERLIN SHIPPING & TRANSPORTS VS ACIT AS REPORTED IN 138 ITD 23 (VIZAG) (SB). LD. D.R. SUPPORTED THE ORDERS OF AUT HORITIES BELOW. I.T.A.NO.1826 /AHD/2012 2 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT AS PER THIS DECISION OF SPECIAL BENCH OF THE TRIBUNAL CITED BY THE LD. A.R., NO DISALLOWANCE U/S 40(A)(IA) IS TO BE MADE IF THE AMO UNT IN DISPUTE WAS ALREADY PAID BY THE ASSESSEE BEFORE THE END OF THE RELEVANT PREVIOUS YEAR AND THE DISALLOWANCE IS TO BE MADE ONLY IF THE AMOU NT WAS OUTSTANDING AT THE END OF THE YEAR. THIS DECISION OF SPECIAL BENC H OF THE TRIBUNAL HAS COME LATER AND IT WAS NO AVAILABLE WHEN THE ISSUE W AS DECIDED BY THE AUTHORITIES BELOW. THE RELEVANT FACTS ON THIS ASPE CT ARE NOT AVAILABLE BEFORE US TO DECIDE THE ISSUE AT TRIBUNAL LEVEL AND HENCE, IT IS IN FITNESS OF THE THINGS TO RESTORE THE MATTER BACK TO THE FILE O F THE A.O. FOR AFRESH DECISION AND WE SET ASIDE THE ORDER OF LD. CIT(A) O N THIS ISSUE AND RESTORE THE MATTER BACK TO THE FILE OF THE A.O. FOR AFRESH DECISION IN THE LIGHT OF THIS DECISION OF SPECIAL BENCH OF THE TRIB UNAL CITED BY THE LD. A.R. THE A.O. SHOULD PASS NECESSARY ORDER AS PER L AW AS PER THE ABOVE DISCUSSION AFTER PROVIDING REASONABLE OPPORTUNITY O F BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (G. C. GUPTA) (A. K. GARODIA) VICE PRESIDENT ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.A.NO.1826 /AHD/2012 3 1. DATE OF DICTATION 02/11/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 05/11/2012. OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 09/11/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.9/11 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09/11/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .