M/s Yaskawa India Pvt Ltd , Bangalore V. Deputy Commissioner of Income TAx Circle-7(1)(2), Bangalore

ITA 2069/BANG/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6807 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 26-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: NARENDRA KUMAR J JAIN
• Keywords: TDS
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER IT (TP) A NO. 2069 /BANG/201 7 ASSESSMENT YEAR :20 13 - 14 M/S. YASKAWA INDIA PVT. LTD., (FORMERLY M/S. YASKAWA ELECTRIC INDIA PRIVATE LIMITED), NO. 17/A, ELECTRONIC CITY, PHASE 1, HOSUR ROAD, BANGALORE 560 100. PAN: AAACY4408P VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7 (1) (2), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI NARENDRA KUMAR J JAIN, ADVOCATE RESPONDENT BY : MS. NEERA MALHOTRA, CIT (DR) DATE OF HEARING : 23 .04.201 9 DATE OF PRONOUNCEMENT : 25. 04.201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE AND THE SAME IS DIRECTED AGAINST THE ASSESSMENT ORDER DATED 26.09.2017 PASSED BY THE AO U/S. 143(3) R.W.S. 144C(13) AND 263 OF IT ACT, 1961 FOR ASSESSMENT YEAR 2013-14. 2. THE ASSESSEE HAS RAISED AS MANY AS 7 GROUNDS OF APPEAL INCLUDING ONE CORPORATE TAX GROUND AND IN ADDITION TO THAT, THE ASSESSEE HAS ALSO RAISED AN ADDITIONAL GROUND. IN COURSE OF HEARING BEFORE US, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT THE TP ISSUE HAS BEEN RESOLVED UNDER MAP AND THE ASSESSEE IS NOT INTERESTED IN PRESSING THE GROUND RAISED BY THE ASSESSEE IN RESPECT OF CORPORATE TAX ISSUE RAISED IN THE ORIGINAL GROUNDS. IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT THE ASSESSEE IS INTERESTED IN PRESSING ONLY THE ADDITIONAL GROUND AND THE REMAINING GROUNDS ARE NOT PRESSED. ACCORDINGLY ALL THE GROUNDS OF APPEAL EXCEPT THE ADDITIONAL GROUND ARE REJECTED AS NOT PRESSED. THE ADDITIONAL GROUND RAISED BY THE ASSESSEE READS AS UNDER. IT(TP)A NO. 2069/BANG/2017 PAGE 2 OF 3 1. THE APPELLANT SUBMITS THAT THE CREDIT FOR TDS OF RS.13,52,859/- AND ADVANCE TAX PAYMENT OF RS.20,00,000/- FOR AY 2013-14 SHOULD BE GRANTED WHILE DETERMINE THE REFUND. THE APPELLANT PRAYS ACCORDINGLY. 2. REGARDING ADDITIONAL GROUND, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT THIS ISSUE MAY BE RESTORED BACK TO THE FILE OF AO FOR A DECISION AS PER LAW AFTER VERIFYING THE FACTS. THE LD. DR OF REVENUE SUPPORTED THE ASSESSMENT ORDER. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT THE ONLY ISSUE RAISED BY ASSESSEE IN THE ADDITIONAL GROUND OF APPEAL IS THAT THE CREDIT FOR TDS OF RS. 13,52,859/- AND ADVANCE TAX PAYMENT OF RS. 20 LAKHS SHOULD BE GRANTED WHILE DETERMINING THE REFUND. IN OUR CONSIDERED OPINION, CREDIT FOR TDS AND ADVANCE TAX SHOULD BE GRANTED IF THE ASSESSEE ESTABLISHES THAT PAYMENTS HAVE BEEN MADE AND CREDIT FOR THE SAME WAS NOT ALLOWED EARLIER. HENCE WE RESTORE THIS MATTER BACK TO THE FILE OF AO FOR FRESH DECISION ON THIS ASPECT AND TO THE EXTENT THE ASSESSEE IS ABLE TO ESTABLISH REGARDING PAYMENT OF TDS AND ADVANCE TAX, CREDIT FOR THE SAME SHOULD BE ALLOWED TO THE ASSESSEE IF NOT ALREADY ALLOWED. THIS GROUND OF APPEAL OF ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 25 TH APRIL, 2019. /MS/ IT(TP)A NO. 2069/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.