M/s. Eastman Crusher Co. Pvt. Ltd., , Kolkata V. DCIT, Circle - 1, Kolkata , Kolkata

ITA 210/KOL/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0677 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 25-11-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 09-02-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RANU BISWA S CIT LD
• Assessee Lawyers: T K CHAKRABORTY LD
• Keywords: Corroborative evidences
• Section: 143(1); 154; 2

Judgement Text

1 I.T.A NO. 210/KOL/2018 A.Y 2012-13 M/S. EASTMAN CRUSHER CO.P.LTD IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [BEFORE SHRI P.M. JAGTAP, V.P AND SHRI A.T. VARKER Y, AM ] I.TA NO. 210/KOL/2018 A.Y 2012-13 M/S. EASTMAN CRUSHER CO. PVT. LTD PAN: AAACE 5960E VS. D.C.I.T, CIRCLE-1, KOLKATA APPELLANT RESPONDENT DATE OF HEARING 25-11-2019 DATE OF PRONOUNCEMENT 20.12.2019 FOR THE APPELLANT SHRI T.K. CHAKRABORTY, ADVOCATE, LD. AR FOR THE RESPONDENT SMT. RANU BISWAS, ADDL. CIT, LD. DR ORDER PER SHRI A.T. VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINS T THE ORDER OF LD. CIT (APPEALS) , 1, KOLKATA DATED 6 TH DECEMBER, 2017 FOR THE ASSESSMENT YEAR 2012-13. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS AGAINST THE ACTION OF THE LD. CIT(A) IN DENYING THE CREDIT FOR THE PAYMENT OF DIVIDEND DIST RIBUTION OF TAX ( HEREINAFTER, IN SHORT, DDT) FOR RS.79,806/- PAID ONLINE ON 21-10- 2011 AND UPHOLDING THE INTEREST CHARGED U/S. 115P OF THE INCOME-TAX ACT, 1961 ( IN SHORT, THE ACT HEREINAFTER) OF RS.29,125/-. 3. BRIEF FACTS OF THE CASE ARE THAT THE APPELLA NT ASSESSEE IS A PRIVATE LIMITED COMPANY, WHICH HAD FILED RETURN OF INCOME ON 22-09-2012. THE RETURN WAS PROCESSED U/S. 143(1) ON 22-07-2013. ACCORDING TO THE ASSESSEE, THE TOTAL DDT BEING MADE BY THE APPELLANT COMPANY DURING F.Y 2011-12 (A.Y 2012-13) WAS RS.1,9 9,513/- ( RS.79, 806 + RS. 1,19,707/-). HOWEVER, WHILE MAKING PAYMENT OF D.D. T FOR RS. 79,806/- ONLINE ON 21- 10-2011 THE APPELLANT MISTAKENLY MENTIONED A.Y 20 11-12 IN THE CHALLAN INSTEAD OF AY 2012-13; AND THE AO, THEREFORE, DENIED THE CRE DIT OF RS. 79,806/-. AGGRIEVED, BY THE DENIAL OF CREDIT OF RS. 79,806/- THE APPELLANT FILED RECTIFICATION PETITION U/S. 154 OF 2 I.T.A NO. 210/KOL/2018 A.Y 2012-13 M/S. EASTMAN CRUSHER CO.P.LTD THE ACT BEFORE THE C.P.C, BANGALORE. HOWEVER, BY OR DER DT. 15-09-2014 THE CREDIT OF RS. 79,806/- WAS DENIED AS WELL AS AN ADDITION OF INTEREST OF RS. 29,125/- WAS CHARGED U/S. 115P OF THE ACT. AGGRIEVED, THE ASSESS EE PREFERRED AN APPEAL BEFORE THE LD. CIT(A), WHO WAS PLEASED TO DISMISS THE SAME ON THE REASON THAT THE ASSESSEE FAILED TO PRODUCE ANY SUPPORTING EVIDENCES IN RESPECT OF THE CLAIM; AND BECAUSE THE PAYMENT OF DDT OF RS. 79,806/- WAS NOT CLAIMED IN THE RELEV ANT ASSESSMENT YEAR. AGGRIEVED, THE ASSESSEE IS BEFORE US. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS. FACTS NARRATED ARE NOT REPEATED FOR THE SAKE OF BREVITY. HOWEVER, WE NOTE THAT THE ASSESSEES CASE IS THAT THE ASSESSEE HAD MADE TOTAL D.D.T PAYMENT FOR THE YEAR UNDER CONSIDERATION AT RS.1,99,513/- ( RS. 79,806 + RS. 1,19,707). IT IS NOTED THAT WHILE MAKING PAYMENT D.D.T FOR RS.79,806 ONLINE ON 21-10-2011, THE APP ELLANT MENTIONED A.Y 2011-12 MISTAKENLY IN THE CHALLAN. HOWEVER, IT WAS BROUGHT TO OUR NOTICE IN THE RETURN FILED THE ASSESSEE CLAIMED ABOUT THIS FACT OF PAYMENT O F RS.79,806/- IN THE RELEVANT YEAR IN ITS RETURN. IT WAS BROUGHT TO OUR NOTICE THAT DURI NG THE APPELLATE PROCEEDINGS COPY OF CHALLAN FOR DDT PAYMENT OF RS. 79,806/- DT. 21-10-2 011 AND CHALLAN DT. 29-03-2012 WERE FURNISHED BEFORE THE LD. CIT(A). HOWEVER, THE LD. CIT(A) HAS NOT APPRECIATED THE FACT OF PAYMENT MADE ONLINE ON 21-10-2011 OF RS.7 9,806/- AND HAS NOT GIVEN CREDIT TO IT. WE NOTE THAT WHILE MAKING THE PAYMENT OF DDT FOR RS.79,806/- ONLINE ON 21- 10-2011, THE APPELLANT INADVERTENTLY MENTIONED A.Y 2011-12 IN THE CHALLAN AND THE ASSESSEE HAS CLAIMED THE PAYMENT FOR DDT PAYMENT IN THE RETURN FOR THE AY 2012-13. IN SUCH CIRCUMSTANCES, IF THE ASSESSEE HAS MADE TH E PAYMENT FOR THE RELEVANT A.Y UNDER CONSIDERATION, THEN CREDIT HAS TO BE GIVEN T O IT AND CANNOT BE DENIED BECAUSE OF AN INADVERTENT ERROR ON THE PART OF ASSESSEE TO PUT THE EARLIER YEAR A.Y 2011-12 INSTEAD OF A.Y 2012-13. THEREFORE, WE SET-ASIDE THE IMPUGNE D ORDER OF LD CIT(A) AND REMAND THE ISSUE BACK TO THE FILE OF AO AND DIRECT HIM TO VERIFY THE FACT THAT ASSESSEE HAD MADE THE PAYMENT IN THE ASSESSMENT YEAR UNDER C ONSIDERATION AS AFORESTATED, THEN IT HAS TO BE GIVEN CREDIT FOR THE SAME. IF THE AS SESSEES STAND IS CORRECT, THEN NO INTEREST SHOULD BE LEVIED U/S. 115P OF THE ACT OF R S. 29,125/- AND IT SHOULD BE DELETED SINCE ACCORDING TO ASSESSEE THE ENTIRE LIABILITY O N ACCOUNT OF DDT FOR RS.1,99,513/- 3 I.T.A NO. 210/KOL/2018 A.Y 2012-13 M/S. EASTMAN CRUSHER CO.P.LTD WAS PAID DURING THE ASSESSMENT YEAR 2012-13. WITH T HE AFORESAID OBSERVATION/DIRECTION, THE APPEAL OF THE ASSESSEE I S ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH DECEMBER, 2019 SD/- SD/- P.M. JAGTAP A.T. VARKEY VICE PRESIDENT (KZ) JUDICIAL MEMBE R D ATED 20 -12-2019 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ASSESSEE: M/S. EASTMAN CRUSHER CO. P.LTD. 4A, COUNCIL HOUSE ST., 2 ND FL., B.B.D BAG, KOLKATA-700 001. 2 RESPONDENT/REVENUE: THE DCIT, CIRCLE-1, AAYKAR BHAW AN,P-7 CHOWRINGHEE SQ., KOLKATA-69. 3. CIT, 4. CIT(A), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE C OPY BY ORDER ASSISTANT RE GISTRAR ITAT KOLKA TA