M/S. EMGEE ENGINEERING AND CONSTRUCTION PVT. LTD., CHENNAI V. ITO, TDS WARD - 2 (1), CHENNAI

ITA 2287/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0602 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 09-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS
• Section: 234E; 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN , ACCOUNTANT MEMBER ./ ITA NO S . 2285, 2286 & 2287 /CHNY/ 201 9 / ASSESSMENT YEAR S : 201 3 - 1 4, 2014 - 15 & 2015 - 16 M/S. EMGEE ENGINEERING AND CONSTRU CTION PVT. LIMITED , NEW ADDRESS : NO.6/11, BRAHADAMBAL STREET, NUNGAMBAKKAM , CHENNAI 600 0 34 [PAN: A ADCE 0318H ] VS. THE INCOME TAX OFFICER TDS WARD - 2(1) AAYAKAR BHAVAN, MAIN BUILDING, 2 ND FLOOR, TDS CIRCLE, 121 M.G. ROAD, CHENNAI 600 0 34 ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. V.S. JAYAKUMAR , ADV OCATE /RESPONDENT BY : M S . R. ANITA , JCIT / DATE OF HEARING : 0 4 . 1 2 .2019 / DATE OF PRONOUNCEMENT : 0 4 .12 .2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : TH E S E ARE APPEAL S FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMIS SIONER OF INCOME TAX (APPEALS) - 17 , CHENNAI I N ITA NO S . 70 TO 72/18 - 19 DATED 3 1 .05.2019 FOR THE ASSESSMENT YEAR 201 3 - 14, 2014 - 15 & 2015 - 16 RESPECTIVELY . 2. SHRI V.S. JAYAKUMAR , ADVOCATE REPRESENTED ON BEHALF OF THE ASSESSEE AND MS. R. ANITA , JCIT REPRE SENTED ON BEHALF OF THE R EVENUE . ITA NO S . 2285, 2286 & 2287 / CHNY / 201 9 : - 2 - : 3. IT WAS SUBMITTED BY THE LEARNED AUTHORIZED REPRESENTATIVE THAT THE ASSESSEE HAD FILED APPEALS AGAINST THE LEVY U/S.234E OF THE INCOME TAX ACT, 1961. IT WAS A SUBMISSION THAT THERE WAS A DELAY IN FILING OF THE TDS RETURNS BY THE ASSESSEE COMPANY AND THE RETURNS WERE PROCESSED BY THE CPC - TDS U/S.200A BY WHICH THE DEMANDS WERE RAISED O N THE ASSESSEE COMPANY U/S.234E FOR THE DELAYED FILING OF THE TDS RETURNS. IT WAS A SUBMISSION THAT THE ISSUE WAS SQUARELY COVERED BY THE DECISION OF THE CO - ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF M/S. ASAN MEMORIAL ASSOCIATION IN I.T.A. NOS.2345 T O 2355/CHNY/2018, WHEREIN FOLLOWING THE DECISION OF THE HONBLE GUJARAT HIGH COURT IN THE CASE OF RAJESH KOURANI (2017) 83 TAXMANN.COM 137 (GUJ.) , IT WAS HELD THAT THE PROVISION OF SECTION 234E HAD BEEN INTRODUCED W.E.F 01.06.2015 AND CONSEQUENTLY THE SAME CANNOT BE LEVIED RETROSPECTIVELY . IT WAS A SUBMISSION THAT HOWEVER THE LEARNED CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE ON TWO GROUNDS, (1) ON ACCOUNT OF THE TWENTY DAYS DELAY IN FILING OF THE APPEALS AND (2) ON ACCOUNT OF RECORDING THAT THE APPEALS H AD BEEN FILED ON THE BASIS ON THE LETTER DATED 22.06.2018 AND NOT THE ORDER. IT WAS A SUBMISSION THAT AS THE DEMAND WAS RAISED ON THE ASSESSEE BY THE CPC - TDS, NO SPECIFIC ORDER WAS AVAILABLE. IT WAS A SUBMISSION THAT THE ISSUES IN THE APPEALS MAY BE REST ORED TO THE FILE OF THE LEARNED CIT(A) FOR ADJUDICATION ON MERITS. 4 . IN REPLY, THE LEARNED DEPARTMENTAL REPRESENTATIVE VEHEMENTLY SUPPORTED THE ORDER OF THE LEARNED ASSESSING OFFICER AND THE LEARNED CIT(A). IT WAS A SUBMISSION THAT THE LETTER DATED 22.0 6.2018 COULD NOT BE CONSIDERED ITA NO S . 2285, 2286 & 2287 / CHNY / 201 9 : - 3 - : AS AN ORDER AND CONSEQUENTLY THERE WAS NO ERROR IN THE ORDER OF THE LEARNED CIT(A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSION AND PERUSED THE MATERIALS AVAILABLE ON RECORD. 6. A PERUSAL OF THE FACTS IN THE PRESENT CASE CLE ARLY SHOWS THAT THE APPEALS HAS BEEN FILED AGAINST THE COMPUTER EXTRACT OF THE TDS TRACES. ADMITTEDLY, THIS IS NOT AN ORDER FOR THE PURPOSE OF FILING AN APPEAL BEFORE THE LEARNED CIT(A). IN THE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ORDER OF THE LEAR NED CIT(A) REJECTING THE APPEALS ON THE GROUNDS THAT THE SAME WERE NOT FILED AGAINST THE ORDER OF LEVY IS UPHELD. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO FILE PROPER APPEALS BEFORE THE LEARNED CIT(A) IN ACCORDANCE OF LAW , A FTER OBTAINING THE APPROPRIATE ORDERS , WHEREIN THE LEVY HAS BEEN MADE ON THE ASSESSEE , BY FOLLOWING THE PROCEDURES PROVIDED UNDER LAW. IN THE CIRCUMSTANCES, THE APPEALS OF THE ASSESSEE STANDS DISMISSED. 7 . IN THE RESULT, THE APPEAL S OF THE ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH DECEMBER , 2019 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER / CHENNAI, / DATED: 4 TH DECEMBER , 2 019. IA, SR. PS SD/ - ( ) (GEORGE MATHA N) /JUDICIAL MEMBER / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF