Becton Dickinson India Pvt. Ltd., Gurgaon V. DCIT, New Delhi

ITA 2461/DEL/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66034 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-12-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 22-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ANURADHA MISRA DITDR
• Keywords: Retrospective amendment
• Section: 234B; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI SHAMIM YAHHA, ACCOUNTANT MEMBER ITA NO.2461/DEL /2012 (ASSESSMENT YEAR : 2006-07) BECTON DICKINSON INDIA PVT. LTD., VS. DCIT, CIRCL E 2(1), 6 TH FLOOR, SIGNATURE TOWER-B NEW DELHI. SOUTH CITY-1, GURGAON. (PAN/GIR NO.AAACB2656A) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K.M. GUPTA/RISHABH JAIN/MS. AART I JAIN REVENUE BY : MRS. ANURADHA MISRA, DIT(DR) ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER PASSED BY THE CIT(A)-XX, NEW DELHI, DATED 20.03.2011, RELEVANT TO ASSESSMENT YEAR 2006-07, WHEREBY CONFIRMATION OF INTEREST U/S 234B OF THE I.T. ACT, 1961 WHILE DETERMINING THE TAX PAYABLE U/S 115JB OF THE I.T. ACT, 1961 HAS BEEN CHALLENGED . 2. AT THE VERY OUTSET, LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN VIEW OF CALCUTTA HIGH COURT DECISION IN THE CASE OF EMAMI LTD. VS. C IT, 337 I.T.R., 470 (CAL.) AND ITAT, MUMBAI BENCH DECISION IN I.T.A. NO.6444/BOM./2011 D ATED 29.11.2011 IN THE CASE OF ESSAR INVESTMENT LTD. VS. ITO AND BANGALORE BENCH D ECISION IN THE CASE OF JSW STEEL LTD. VS. ACIT, 133 TTJ 742, IT WAS PLEADED FOR DELE TION OF THE INTEREST LEVIED U/S 234B OF THE ACT WHILE DETERMINING THE TAX PAYABLE U/S 115JB OF THE ACT IS LIABLE TO BE DELETED, WHICH MAY BE DELETED. I.T.A. NO.2461/DEL./2012 (A.Y. : 2006-07) 2 3. LD.DR. RELIED UPON THE ORDER OF THE ASSESSING OF FICER AS WELL AS CIT(A) TO PLEAD FOR CONFIRMATION OF THE IMPUGNED ORDER. 4. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MAT ERIAL ON RECORD AND FIND THAT CALCUTTA HIGH COURT DECISION IN THE CASE OF EMAMI L TD. VS. CIT (SUPRA) HAS OPINED AS UNDER: INCOME TAX SECTIONS 115JB, 143(3), 208, 234B, 23 4C WHETHER THE PROVISIONS RELATING TO PAYMENT OF ADVANCE TAX A RE APPLICABLE IN A CASE WHERE THE BOOK PROFIT IS DEEMED TO BE THE TOTAL INC OME U/S 115JB - WHETHER THE PROVISIONS OF SECTIONS 234B AND 234C ARE ATTRAC TED IN A CASE WHERE THERE IS NO LIABILITY TO PAY ANY ADVANCE TAX U/S 208 ON A NY OF THE DUE DATES FOR PAYMENT OF THE ADVANCE TAX INSTALLMENTS AND THERE I S RETROSPECTIVE AMENDMENT OF THE LAW LONG AFTER THE CLOSE OF THE FI NANCIAL YEAR IMPOSING LIABILITY FOR TAX - WHETHER THE LIABILITY TO PAY IN TEREST WOULD ARISE ONLY ON DEFAULT WHETHER WHERE THE LIABILITY TO PAY TAX AR OSE DUE TO RETROSPECTIVE EFFECT OF LAW, SAME CAN ENTAIL THE PUNISHMENT OF PA YMENT OF INTEREST. - ASSESSEE'S APPEAL PARTLY ALLOWED : 5. THE BOMBAY BENCH OF THE TRIBUNAL HAS ALSO FOLLOW ED CALCUTTA HIGH COURT DECISION IN THE CASE OF EMAMI LTD. VS. CIT (SUPRA). SO, FOLLOWING THE PRECEDENT, WE DIRECT TO DELETE THE IMPUGNED IMPOSITION U/S 234B O F THE ACT ON THE TAX PAYABLE U/S 115JB OF THE ACT. 6. AS A RESULT, THE APPEAL OF THE ASSESSEE GETS ACC EPTED. ORDER PRONOUNCED IN OPEN COURT ON 14.12.2012. SD/- SD/- (SHAMIM YAHYA) (U.B.S. BEDI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : DEC. 14, 2012. SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT I.T.A. NO.2461/DEL./2012 (A.Y. : 2006-07) 3 2. RESPONDENT 3. CIT 4. CIT(A)-IV, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT