Income Tax Officer, Ward-16(2), Hyderabad V. Premier Ethanols Private Limited , Hyderabad

ITA 2142/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1312 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 14-03-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 06-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: M V ANIL KUMAR
• Keywords: Tax effect; Condonation of delay; TDS

Judgement Text

. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B SMC BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO.2142/HYD/2018 (ASSESSMENT YEAR: 2013-14) INCOME TAX OFFICER WARD 16(2) HYDERABAD VS PREMIER ETHANOLS PRIVATE LIMITED, HYDERABAD PAN: AADCP0652P (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NILANJAN DEY, DR FOR ASSESSEE : SHRI M.V. ANIL KUMAR O R D E R THIS IS REVENUES APPEAL FOR THE A.Y 2013-14 AGAINS T THE ORDER OF THE CIT (A)-4, HYDERABAD, DATED 14.8.2 018. 2. AT THE OUTSET THE LEARNED DR SUBMITTED THAT THER E IS A DELAY OF ONE DAY IN FILING OF THE APPEAL AND THE AP PLICATION FOR CONDONATION OF DELAY WAS FILED. AFTER CONSIDERING T HE REASONS STATED IN THE CONDONATION APPLICATION, THE DELAY IS CONDONED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THERE IS NO DEMAND IN THE ASSESSMENT, AND THAT THE ISSUE BEFORE THIS TRIBUNAL IS NOT GIVING OF TDS CREDIT AND THERE FORE, THERE IS A NIL DEMAND AND THEREFORE, THE TAX EFFECT IN THIS APPEAL IS BEING BELOW RS.20.00 LAKHS, IT IS TO BE DISMISSED AS SUCH . 4. THE LEARNED DR FAIRLY CONCEDED THAT THERE IS NO TAX EFFECT IN THIS APPEAL, HOWEVER, HE ARGUED THE APPEA L ON MERITS AS WELL. DATE OF HEARING : 14.03.2019 DATE OF PRONOUNCEMENT: 15.03.2019 . PAGE 2 OF 2 5. AFTER HEARING BOTH THE PARTIES, I AM OF THE OPIN ION THAT THIS APPEAL IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT AND ALSO ON MERITS. I FIND THAT THE AO DID NOT GIVE CREDIT FOR THE TDS MADE ON THE GROUND THAT IT IS NOT PERTAINING TO THE TURNOVER OF THE ASSESSEE. THE CIT (A) HAS GRANTED RELIEF TO THE ASSESSEE BY FOLLOWING THE DECISION OF THE ITAT BENCH AT VISAKHA PATNAM IN THE CASE OF ACIT VS. PEDDI SRINIVASA RAO IN ITA NO.324/ VIZAG/2009 DATED 3.3.2011 WHEREIN THE TRIBUNAL HAS CONSIDERED THE PRE- AMENDED AND POST AMENDED PROVISIONS OF SECTION 199 TO HOLD THAT THE TDS CREDIT IS TO BE GRANTED TO THE ASSESSE E IF THE TDS CERTIFICATE IS PRODUCED BY IT AND THE TDS IS PAID T O THE CENTRAL GOVT. I DO NOT SEE ANY REASON TO INTERFERE WITH THI S ORDER OF THE CIT (A) EVEN ON MERITS. THEREFORE, APPEAL OF THE REVENU E IS DISMISSED BOTH ON THE LOW TAX EFFECT AS WELL AS ON MERITS. 6. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2019. SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 15 TH MARCH, 2019. VINODAN/SPS COPY TO: 1 ITO WARD 16(2) 2 ND FLOOR, B BLOCK, IT TOWERS, MASAB TANK, HYDERABAD 2 M/S. PREMIER ETHANOLS P LTD, 405 ARCHANA APARTMEN TS, GOLKONDA X ROAD, ADJACENT TO HEBRON CHURCH, HYDERABAD 3 CIT (A)-4 HYDERABAD 4 PR. CIT 4, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER