DCIT TDS Circle 2(1), CHENNAI V. Punjab National Bank, CHENNAI

ITA 2370/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2817 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 27-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR M SHANMUGA PRIYA
• Assessee Lawyers: S L JANARDHANAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NOS.2370& 2371/CHNY/2017 ( / ASSESSMENT YEAR: 2009-10) THE DEPUTY COMMISSIONER OF INCOME TAX, TDS CIRCLE 2(1), CHENNAI VS M/S. PUNJAB NATIONAL BANK, MINT STREET BRANCH, SOWCARPET, CHENNAI 600 079. PAN: AAACP0165G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : DR. M.SHANMUGA PRIYA, JCIT / RESPONDENT BY : SHRI S.L. JANARDHANAN, CA /DATE OF HEARING : 20.08.2018 /DATE OF PRONOUNCEMENT : 20.08.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-17, DATED 30.06.2017 IN ITA NOS.46,47,54 TO 61,88 TO 93,&/16-17/CIT(A)-17 FOR THE ASSESSMENT YEAR 2009-10 PASSED U/S.250(6) R.W.S. 201/201(1A) OF THE ACT. 2. THE REVENUE HAS RAISED THREE IDENTICAL GROUNDS IN ITS APPEALS HOWEVER THE CRUX OF THE ISSUE IS THAT THE LD.CIT(A) HAS ERRED IN 2 ITA NOS. 2370 & 2371/CHNY/2017 HOLDING THAT THE ASSESSMENT ORDER PASSED BY THE LD.AO IS AFTER THE TIME LAPSE OF FOUR YEARS WHEN THE ORDER WAS ISSUED ON 28.03.2016 WHICH IS WELL WITHIN THE TIME LIMIT OF SIX YEARS FROM THE FINANCIAL YEAR. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A NATIONALIZED BANK WHO HAS PREFERRED APPEAL AGAINST THE DEMAND NOTICE ISSUED AGAINST THEIR FOUR BRANCHES VIZ., ITA NO.88 TO 93 - MINT STREET BRANCH, ITA NO.54 TO 61 PURASAWAKKAM BRANCH, ITA NO.46 - NUNGAMBAKKAM BRANCH AND ITA NO.47 MAHALINGAPURAM BRANCH. 4. IN THE CASE OF ALL THE ABOVE MENTIONED BRANCHES OF THE ASSESSEE BANK, THE LD.AO HAS LEVIED INTEREST INVOKING THE PROVISIONS OF SECTION 201 & 201(1A) OF THE ACT. ON APPEAL, THE LD.CIT(A) RELYING ON THE DECISION OF THE HONBLE GUJARAT HIGH COURT IN THE CASE M.R. SHAH J, S.H. VORA J 201, 201(3) VIDE ORDER DATED 5 TH FEBRUARY 2016 (DATE OF PUBLICATION 28.02.2016) HELD THAT SINCE THE APPELLANT HAD FILED THE RETURNS IN TIME, THE DEMAND WHICH HAS BEEN RAISED BEYOND 4 YEARS IS INVALID. SINCE THE LD.CIT(A) 3 ITA NOS. 2370 & 2371/CHNY/2017 HAS ONLY FOLLOWED THE RATIO LAID DOWN BY THE HONBLE GUJARAT HIGH COURT, WE DO NOT FIND IT NECESSARY TO INTERFERE IN HIS ORDER. 5. IN THE RESULT BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 20 TH AUGUST, 2018 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER /CHENNAI, /DATED 20 TH AUGUST, 2018 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF