BANK OF INDIA, Kolkata V. ITO (TDS) 1(2), Kolkata, Kolkata

ITA 1902/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0452 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 25-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R CHOWDHURY
• Assessee Lawyers: K K GUHA ROY
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA [BEFORE HONBLE SHRI M.BALAGANESH, AM & HONBLE S HRI S.S.VISWANETHRA RAVI, JM] I.T.A NO. 1902/KOL/20 17 ASSESSMENT YEAR : 2009-1 0 BANK OF INDIA -VS- ITO, WARD-9(4), KOLKATA . [PAN: AAACB 0472 C] (APPELLANT) (RESPOND ENT) FOR THE APPELLANT : SHRI K.K. GUHA ROY, CA FOR THE RESPONDENT : SHRI R. CHOWDHURY, ADDL . CIT DATE OF HEARING : 10.09.2018 DATE OF PRONOUNCEMENT : 19. 09 .2018 ORDER PER M.BALAGANESH, AM 1. THIS APPEAL IS DIRECTED AGAINST THE ORDER PASSE D BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-24, KOLKATA, [IN SHORT THE LD . CIT(A)] IN APPEAL NO. 369/CIT(A)-24/KOL/11-12 DATED 16.06.2017 AGAINST TH E ORDER PASSED BY THE LEARNED INCOME TAX OFFICER (TDS), WARD-57(2), KOLKATA [IN SHORT THE LD. AO] UNDER SECTION [IN SHORT U/S] 201/201(1A) OF THE INCOME TA X ACT, 1961 [IN SHORT THE ACT] DATED 31.03.2011 FOR THE FOURTH QUARTER OF FINANCIA L YEAR 2008-09. 2 ITA NO.1902/KOL/2017 BANK OF INDIA A.YR. 2009-10 2 2. THE ASSESSEE HEREIN IS A BRANCH OF BANK OF INDIA . THE ASSESSEE BRANCH HAD DEDUCTED THE TAX AT SOURCE ON VARIOUS PAYMENTS MADE BY IT AND TRANSFERRED THE SAME TO ITS ZONAL OFFICE FOR REMITTANCE OF THE SAME TO T HE ACCOUNT OF CENTRAL GOVERNMENT IN ACCORDANCE WITH THE POLICY TAKEN BY THE BANK OF IND IA AT MACRO LEVEL TO DEPOSIT ALL TDS FROM THEIR RESPECTIVE ZONAL OFFICES. THE ASSESS EE BRANCH SUBMITTED TDS RETURNS USING ITS TAX DEDUCTION ACCOUNT NUMBER (TAN). THE Z ONAL OFFICE ALSO FILED ITS QUARTERLY RETURNS INCLUDING THE PAYMENTS AND TDS DE TAILS OF THE ASSESSEE BRANCH. THE ASSESSEE BRANCH LATER CANCELLED ITS TDS RETURNS WHI CH WERE FILED ALREADY. THE LD. AO FOUND THAT THERE WERE CERTAIN SHORT DEDUCTION OF TD S AMOUNTING TO RS. 2,44,650/- AND ACCORDINGLY, TREATED THE ASSESSEE BRANCH AS ASS ESSEE IN DEFAULT FOR THE SAID AMOUNT U/S 201(1) OF THE ACT AND ALSO CHARGED INTE REST THEREON OF RS. 58,716/- U/S 201(1A) OF THE ACT. THIS ACTION OF THE LD. AO WAS U PHELD BY THE LD. CIT(A). 3. WE HAVE HEARD RIVAL SUBMISSIONS. THE LD. AR PLEA DED BEFORE US THAT THE ASSESSEE BRANCH HAD INADVERTENTLY FILED ITS QUARTERLY TDS RE TURNS USING ITS TAN. HE STATED THAT THE ZONAL OFFICE OF THE BANK HAD ALSO FILED IT S QUARTERLY RETURNS USING ITS TAN CONSIDERING THE PAYMENTS OF THE ASSESSEE BRANCH. TH E LD. AR PLACED ON RECORD THE LATEST STATEMENT OF TDS DOWNLOADED FROM THE TRACES ( I.E FROM THE WEBSITE OF INCOME TAX DEPARTMENT) WHEREIN IT IS SEEN THAT THER E IS NO DEMAND OUTSTANDING AS ON DATE FOR THE RELEVANT FINANCIAL YEAR. WE FIND THAT THIS ASPECT REQUIRES FACTUAL VERIFICATION OF THE LD. AO AND ACCORDINGLY WE DIRE CT THE LD. AO TO VERIFY THE FACT AS TO WHETHER THE REQUISITE TDS TOGETHER WITH APPLICAB LE INTEREST, IF ANY, HAD BEEN DULY REMITTED BY THE ZONAL OFFICE OF THE BANK INCLUDING THE TRANSACTION PERTAINING TO THE ASSESSEE BRANCH HEREIN. IF IT IS FOUND TO BE CORREC T, THEN THE DEMAND RAISED IN THE 3 ITA NO.1902/KOL/2017 BANK OF INDIA A.YR. 2009-10 3 HANDS OF THE ASSESSEE SHOULD BE CANCELLED. ACCORDIN GLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 19.09.2018 SD/- SD/- [S.S. VISWANETHRA RAVI] [ M.BAL AGANESH ] JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 19.09.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. BANK OF INDIA, MISSION ROW BRANCH, 15, GANESH CH ANDRA AVENUE, KOLKATA-700013. 2. ITO, WARD(TDS), WARD-1(2), 10B, MIDDLETON ROW, 6 TH FLOOR, KOLKATA-700071. 3..C.I.T.(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S