CHENANI NASHRI TUNNELWAY LIMITED, MUMBAI V. DCIT- CIRCLE 14(1)(2), MUMBAI

ITA 243/MUM/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6772 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 12-05-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 16-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 244A; 194C; 143(1); 194A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 243/MUM/2024 (Assessment Year: 2020-2021) Chenani Nashri Tunnelway Limited, Plot No. C-22, G Block, The IL & FS Financial Centre, Bandra Kurla Complex, Bandra (East), Mumbai - 400051 [PAN: AAECC0215C] ............... Appellant The Deputy Commissioner of Income-Tax – 14(1)(2), Mumbai, 455, 4 th Floor, Aayakar Bhawan, Maharishi Karve Road, Mumbai - 400020 Vs ................ Respondent Appearance For the Appellant/Assessee For the Respondent/Department : : Shri Bhupal Rapelli Shri Pratik Rathod Shri H.M. Bhatt Date Conclusion of hearing Pronouncement of order : : 13.05.2024 31.05.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Assessee has challenged the order, dated 21/11/2023, passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘the CIT(A)’] for the Assessment Year 2020-2021, whereby the Ld. CIT(A) had allowed the appeal of the Assessee against the intimation/order, dated 10/05/2021, passed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). ITA No. 243/Mum/2024 (Assessment Year: 2020-2021) 2 2. The Assessee has raised the following grounds of appeal: “1. Short grant of credit for Tax Deducted at Source (‘TDS’) On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax Appeals, NFAC (‘CIT-A’) has erred in granting short credit for TDS by Rs. 50,00,000/-. The Learned CIT(A) has erred by not considering the credit of TDS of Rs. 19,78,98,204/- and erroneously mentioned TDS credit at Rs. 19,28,98,204/- which has resulted in a short grant of TDS credit of Rs. 50,00,000/-. The appellant states that there is a typographical error while concluding the order on Para 5.5 of Page No. 6 and Para 5.6.1 of Page No. 7. 2. Short grant of Interest under section 244A of the Act On the facts and circumstances of the case and in law, the Learned Assessing Officer has granted short interest under section 244A of the Act. The appellant prays that interest under section 244A for the period of 24 months i.e. 1 April 2020 to actual receipts of refund i.e. 2 March 2022 to be granted.” 3. We have heard both the sides and perused the material on record. Ground No.1 4. The first grievance of the Appellant is that while passing order, dated 21/11/2023, the CIT(A) has incorrectly issued direction to grant credit for tax deducted at source amounting to INR 19,28,98,204/- instead of the correct amount being INR 19,78,98,204/-. Thus, resulted in short grant of credit of INR 50,00,000/-. On perusal of intimation/order issued under ITA No. 243/Mum/2024 (Assessment Year: 2020-2021) 3 Section 143(1) of the Act, we find that the aggregate amount of tax deducted at source reflected therein is INR 19,78,98,204/-. We further note that in paragraph 5.4 the CIT(A) has recorded as under: “5.4 As per FORM 26AS [Data updated till 10.09.2020], the following payments and TDS have been made by two TDS deductors, in the case of the Appellant for the Assessment Year.Y. 2020-21: Name & TAN of deductor Total amount credited Total TDS made & Deposited TDS u/s National Highway Authority of India PIU RAMBAN AMRN12129F9527282400.00 9527282400.00 19,05,45,647 194C State Bank of India MUMS89583E 73525535.32 73,52,557 194A Total 19,78,98,204 ...”(Emphasis Supplied) 4.1. Thus, it is clear that the CIT(A) has adopted incorrect figure of tax deducted at source of INR 19,28,98,204/- (as against the correct figure of INR 19,78,98,204/-). Accordingly, the Assessing Officer is directed to grant credit of tax deducted at source amounting to INR 19,78,98,204/-. Ground No. 1 raised by the Appellant is, thus, allowed. Ground No. 2 5. As regards, Ground No. 2, pertaining to computation of interest under Section 244A of the Act, we direct the Assessing Officer to re-compute the amount of interest payable under Section 244A of the Act after taking into consideration, our findings/adjudication in Ground No. 1 above. The Assessing Officer is directed to grant interest under Section 244A of the Act for the period specified therein. Thus, Ground No. 2 raised by the Appellant is allowed for statistical purposes. ITA No. 243/Mum/2024 (Assessment Year: 2020-2021) 4 6. In result, the present appeal preferred by the Assessee is allowed for statistical purposes. Order pronounced on 31.05.2024. Sd/- Sd/- (Amarjit Singh) Accountant Member (Rahul Chaudhary) Judicial Member मुंबई Mumbai; िदनांक Dated : 31.05.2024 Alindra, PS ITA No. 243/Mum/2024 (Assessment Year: 2020-2021) 5 आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. आयकर आयुƅ/ The CIT 4. Ůधान आयकर आयुƅ / Pr.CIT 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, सȑािपत Ůित //True Copy// उप/सहायक पंजीकार /(Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, मुंबई / ITAT, Mumbai