The ACIT, Circle-3, Surat V. M/s. Shyam Corporation, Surat

ITA 1936/AHD/2012

• Counselvise Citation: 193620514 RSA 2012
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-12-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR SRDR
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD A BENCH BEFORE SHRI G.C.GUPTA, VICE-PRESIDENT (AZ) AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.1936/AHD/2012 ASSESSMENT YEAR:2008-09 ACIT CIRCLE-3, ROOM NO. 213, 2 ND FLOOR, AAYKAR BHAVAN, MAJURA GATE, SURAT / V/S . M/S. SHYAM CORPORATION SILVER CREST F.P. NO. 67 & 70, T.P.S NO. 14(PAL), PAL, SURAT 395009 [ PAN NO. ABEFS 9360G ] / APPELLANT .. / RESPONDENT /APPELLANT BY SHRI RAHUL KUMAR, SR-DR /RESPONDENT BY WRITTEN SUBMISSION / DATE OF HEARING 19-12-2012 / DATE OF PRONOUNCEMENT 31 - 12-2012 !' !' !' !' / // / ORDER PER A.K. GARODIA, ACCOUNTANT MEMBER:- THIS APPEAL OF REVENUE IS DIRECTED AGAINST THE ORD ER OF COMMISSIONER OF INCOME-TAX (APPEALS)-II, SURAT (CIT(A) FOR SHO RT) DATED 27-06-2012 FOR THE ASSESSMENT YEAR (AY) 2008-09. THE GROUND RAISED BY REVENUE IS AS UNDER:- [1] ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT(A)-I, SURAT HAS ERRED IN DIRECTING THE ASSE SSING OFFICER TO PAY FULL INTEREST U/S. 244A ON TAXES PAID BY THE ASSESS EE, WITHOUT APPRECIATING THE FACT THAT SECTION 244A SAYS THAT R EFUND ON PAYMENT OF SELF ASSESSMENT TAX NOT BE GRANTED. 2. NONE APPEARED ON BEHALF OF ASSESSEE ON THE DATE OF HEARING BUT WRITTEN SUBMISSION (WS) OF LD. AR OF THE ASSESSEE D ATED 17-10-2012 ARE AVAILABLE ON RECORD AND HENCE, WE PROCEED TO DECIDE THIS APPEAL OF THE ITA NO.1936/AHD/2012 A.Y.2008-09 ACIT CIR-3 SRT V.M/S SHYAM CORPORATION PAGE 2 REVENUE AFTER HEARING LD. SR-DR AND AFTER CONSIDERI NG THE WS OF LD. AR OF THE ASSESSEE AND OTHER MATERIALS AVAILABLE ON RECOR D. 3. LD. DR OF THE REVENUE SUPPORTED THE ORDER OF ASS ESSING OFFICER AS PER WHICH HE DID NOT ALLOW THE INTEREST U/S 244A OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) ON SELF-ASSE SSMENT TAX PAID BY THE ASSESSEE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IT WAS SUBMITTED BY THE LD. AR IN HIS W.S THAT THIS ISSUE IS COVERED IN FAVOUR OF ASSESSEE BY THE JUDGMENT OF HONBLE DELHI HIGH COURT RENDERED IN THE CASE OF CIT V. SUTLEJ INDUSTRIES LTD. (2010) 231 CTR 80 (DEL) AND ALSO BY THE JUDGMENT O F HONBLE MADRAS HIGH COURT RENDERED IN THE CASE OF CIT V. CHOLAMANDALAM INVESTMENT & FINANCE CORPORATION CO. LTD. (2007) 211 CTR 384 (MAD). WE FIND THAT THIS ISSUE WAS DECIDED BY LD. CIT(A) AS PER PARA-4 OF HI S ORDER, WHICH IS REPRODUCED FOR THE SAKE OF CLARITY:- 4. I HAVE GONE THROUGH THE FACTS OF THE CASE AND C OMPUTATION OF TAX GIVING EFFECT TO THE APPEAL ORDER. FROM THE COMPUTA TION, IT IS NOT CLEAR IN WHAT MANNER THE INTEREST U/S. 244A HAS BEEN CALCULA TED FOR ARRIVING THE FIGURE AT RS.2,11,500/-. SINCE THE ADDITION MADE BY THE AO HAS BEEN DELETED BY LEARNED CIT(APPEALS), APPELLANT IS ENTIT LED OF INTEREST ON THE AMOUNTS PAID AS ADVANCE TAX AND SELF-ASSESSMENT TAX AS PER PROVISIONS OF SECTION 244A OF I.T. ACT. IN VIEW OF EXPRESS PRO VISIONS OF THIS SECTION, AO IS DIRECTED TO EXAMINE WHETHER FULL INTEREST ON TAXES PAID BY APPELLANT HAS BEEN GRANTED OR NOT. IF NOT, THAN HE SHOULD WORK OUT THE AMOUNT OF INTEREST FROM THE DATE OF PAYMENT OF TAXE S TILL THE GRANT OF REFUND TO APPELLANT AND ISSUE THE REFUND ACCORDINGL Y. 5. FROM THE ABOVE PARA OF THE ORDER OF LD. CIT(A), WE FIND THAT LD. CIT(A) HAS DIRECTED THE ASSESSING OFFICER TO EXAMINE WHETH ER FULL INTEREST ON TAXES PAID BY THE ASSESSEE HAS BEEN GRANTED OR NOT AND IF NOT, THEN HE SHOULD WORK OUT THE AMOUNT OF INTEREST FROM THE DATE OF PAYMENT OF TAX TILL THE GRANT OF REFUND TO THE ASSESSEE. FROM THIS DIRECTION OF THE LD. CIT(A), WE FIND THAT HE HAS DIRECTED THE ASSESSING OFFICER MERELY TO GRANT INTEREST TO THE ASSESSEE AS PER LAW IF THE SAME IS NOT ALREADY GRANTED TO THE ASSESSEE. AS PER THE ITA NO.1936/AHD/2012 A.Y.2008-09 ACIT CIR-3 SRT V.M/S SHYAM CORPORATION PAGE 3 PROVISIONS OF SECTION 244A, THE ASSESSEE IS ELIGIBL E FOR INTEREST IN RESPECT OF PAYMENT OF SELF-ASSESSMENT TAX ALSO AS PER CLAUSE ( B) OF SUB-SECTION (1) OF SECTION 244A OF THE ACT. VARIOUS JUDGMENTS CITED BY LD. AR OF THE ASSESSEE IN HIS W.S ALSO SUPPORT THE CASE OF THE ASSESSEE AND C ONSIDERING THESE FACTS, WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF LD. CIT(A) AND HENCE, WE DECLINE TO INTERFERE. 6. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- ( G.C.GUPTA ) ( A.K.GARODIA ) (VICE PRESIDENT) (ACCOUNTANT MEMBER) #!$%- 31/12/2012 '!! ( DKP* !' !' !' !' ))* ))* ))* ))* +* +* +* +* / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. $$)0 1 / CONCERNED CIT 4. 1- / CIT (A) 5. *45 )))0, )0, '!! / DR, ITAT, AHMEDABAD 6. 589 :; / GUARD FILE. BY ORDER/ !' , /TRUE COPY/