KONKAN RILWAY CORPORATION LTD, NAVI MUMBAI V. ACIT 10(3), MUMBAI

ITA 2035/MUM/2011

• Counselvise Citation: 203519914 RSA 2011
• Duration Of Justice: 3 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 23-09-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 11-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C PATNAIK
• Section: 154

Judgement Text

H IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER & SHRI SANJAY GARG, JUDICIAL MEMBER ./ I.T.A. NO.2035 /MUM/2011 ( / ASSESSMENT YEAR : 2005-2006 MANAGING DIRECTOR, KONKAN RAILWAY CORPORATION LTD., BELAPUR BHAVAN, PLOT NO. 6, SEC. 11, CBD BELAPUR, NAVI MUMBAI 400 614. / VS. ACIT 1 0 (3), MUMBAI. ./ PAN : AAACK3725H ( / APPELLANT ) .. ( / RESPONDENT ) A PPELLANT BY SHRI K. GOPAL R E SPONDENT BY : SHRI K.C. PATNAIK / DATE OF HEARING : 23-09-2014 / DATE OF PRONOUNCEMENT : 23-09-2014 [ !' / O R D E R PER R.C. SHARMA, A.M . : THIS IS AN APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) -22, MUMBAI DATED 20-12-2010 FOR THE A.Y . 2005-06 IN THE MATTER OF ORDER PASSED U/S 154 OF THE INCOME TAX ACT, 1961 , WHEREIN THE FOLLOWING GROUND HAS BEEN TAKEN BY THE ASSESSEE :- THE LEARNED CIT(A) IS NOT JUSTIFIED IN NO CONFIRMIN G THE SUBMISSION MADE BY THE AA IN RESPECT OF TDS CERTIFICATE FOR RS . 1.05 CRORES FOR THE A.Y. 2005-06 ALONG WITH THE CLAIM OF TDS OF RS. 425 978/- FOR WHICH ORDER WAS PASSED BY AO ON 28-03-08 WHEREAS THE AA A LSO FILED THE ORIGINAL TDS CERTIFICATE IN JUNE, 2008. ITA 2035/M/11 2 THEREFORE THE OBSERVATION OF LEARNED CIT(A), THE TD S CERTIFICATE WAS NOT ON RECORD IS NOT CORRECT. 2. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND FOU ND FROM THE RECORDS THAT THERE WAS TAX DEDUCTED AT SOURCE AMOUN TING TO RS. 1.05 CRORES BY NORTHERN RAILWAY, DIVISION OF RAILWAYS, G OVERNMENT OF INDIA. HOWEVER, SINCE THE TDS CERTIFICATE WAS NOT RECEIVED BY THE ASSESSEE, CREDIT FOR SUCH PAYMENT COULD NOT BE MADE IN THE RE TURN OF INCOME. THEREAFTER, THE ASSESSEE FILED APPLICATION U/S 154 OF THE ACT ALONG WITH THE TDS CERTIFICATE. HOWEVER THE A.O. DECLINED THE ASSESSEES CLAIM ON THE PLEA THAT TDS CERTIFICATES WERE NOT FILED ALONG WITH THE RETURN OF INCOME, THEREFORE, IT IS NOT A MISTAKE APPARENT FRO M RECORD. THE ACTION OF THE A.O. WAS CONFIRMED BY THE LD. CIT(A) AND ASS ESSEE IS IN FURTHER APPEAL BEFORE US. 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND FOUND F ROM RECORD THAT SINCE THE TDS CERTIFICATE WAS NOT RECEIVED AT THE T IME OF FILING OF RETURN, THE ASSESSEE COULD NOT SUBMIT THE SAME AND CLAIM CR EDIT FOR THE SAME. HOWEVER, WHEN THE ASSESSEE WAS IN RECEIPT OF THESE CERTIFICATES FROM THE GOVERNMENT AUTHORITIES, WHO HAVE DEDUCTED THE TAX, THE ASSESSEE FILED APPLICATION U/S 154 OF THE ACT FOR GIVING CREDIT OF THE SAME. THE INCOME COVERED BY SUCH TAX WAS ALREADY OFFERED BY THE ASSE SSEE IN THE RETURN OF INCOME FILED FOR THE RELEVANT ASSESSMENT YEAR UNDER CONSIDERATION, THEREFORE, NOT GRANTING THE CREDIT OF TAX DEDUCTED AT SOURCE DUE TO NON- FURNISHING OF TDS CERTIFICATE AMOUNTS TO A MISTAKE WHICH CAN BE RECTIFIED WHEN THE ASSESSEE HAS FILED THE ORIGINAL TDS CERTIFICATE ALONG WITH THE APPLICATION U/S 154 OF THE ACT. IN VIEW O F THE ABOVE, WE RESTORE THE MATTER BACK TO THE FILE OF THE A.O. FOR CONSIDE RING THE TDS CERTIFICATE FILE BY THE ASSESSEE AND TO ALLOW CREDIT AS PER LAW . WE DIRECT ACCORDINGLY. ITA 2035/M/11 3 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD SEPTEMBER, 2014. !' # $% &! ' 23-09-2014 ( ) SD/- SD/- (SANJAY GARG) (R.C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER $ 5 MUMBAI ; &! DATED 23-09-2014. [ .6../ RK , SR. PS ! '#$% &%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 7 () / THE CIT(A) 22,, MUMBAI 4. 7 / CIT 10, MUMBAI 5. :;( 66<= , <= , $ 5 / DR, ITAT, MUMBAI H BENCH 6. (?@ A / GUARD FILE. ' / BY ORDER, : 6 //TRUE COPY// (/') * ( DY./ASSTT. REGISTRAR) , $ 5 / ITAT, MUMBAI