The ITO, Ward-9(2), Ahmedabad V. M/s. Ambica Construction Company, Ahmedabad

ITA 2557/AHD/2011

• Counselvise Citation: 255720514 RSA 2011
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 14-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G C DAXINI
• Assessee Lawyers: K L THAKER
• Keywords: Retrospective amendment
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: S H RI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER ITO, WARD 9(2), AHMEDABAD (APPELLANT) VS M/S. AMBICA CONSTRUCTION , M/20/55, SWANTANTRA SENANI NAGAR, PRAGATINAGAR, AHMEDABAD - 380061 PAN: AACFA 7076 L (RESPONDENT) REVENUE BY : S H RI G.C. DAXINI , SR. D . R. ASSESSEE BY: S H RI K.L. THAKER , A.R. DATE OF HEARING : 01 - 10 - 2 015 DATE OF PRONOUNCEMENT : 21 - 10 - 2 015 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 20 08 - 09 , AR ISES FROM ORDER OF THE CIT(A) - XV, AHMEDABAD DATED 16 - 08 - 2011 IN APPEAL NO. CIT(A) - I T A NO . 255 7 / A HD/20 11 A SSESSMENT YEAR 200 8 - 09 I.T.A NO. 2557/AHD/2011 A.Y. 2008 - 09 PAGE NO ITO VS. M/S. AMBICA CONSTRUCTION 2 XV/9(2) / 436/ 10 - 11 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES LOWER APPELLATE ORDER DELETING SECTION 40(A)(IA) DISALLOWANCE OF RS. 1,38,38,731/ - MADE BY THE ASSESSING OFFICER IN ASSESSMENT ORDER DATED 31 - 12 - 20 10. FACTS OF THE CASE ARE IN A NARROW COMPASS. THE ASSESSING OFFICER IN SCRUT INY NOTICED THE ABOVE STATED PAYMENT MADE BY THE ASSESSEE TO ITS SUB CONTRACTOR. THREE IS NOT DISPUTE THAT THE ASSESSEE HAD DEDUCTED THE TDS BUT NOT DEPOSITED IT IN GOVT ACCOUNT LATEST BY 31 - 03 - 008. IT HAS COME ON RECORD THAT THIS TDS WAS DEPOSITED IN GO VT ACCO UNT AFTER 31 - 03 - 2008 BUT BEFORE FILING OF THE RETURN. THE ASSESSING OFFICER INVOLVED SECTION 40(A)(IA) FOR MAKING THE IMPUGNED DISALLOWANCE. 3. THE ASSESSEE PRE FERRED APPEAL. THE CIT(A) TAKE NOTICE OF AMENDMENT MADE IN SECTION 40(A)(IA) BY THE FINANCE ACT, 2010 W.E.F. 1 ST APRIL, 2010 AND HOLDS THE SAME TO BE RETROSP EC TIVELY APPLICABLE AS PER THE TRIBUNAL S DECISION IN KANUBHAI RAMJIBHAI VS. ITO 49 DTR (AHD) (TRIB) 70) DECIDED ON 03 - 12 - 2010. HE HAS ACCORDINGLY DELETED THE IMPUGNED DISALLOWANCE. 4. WE HAVE HEARD BOTH THE PARTIES A ND PERUSED THE CASE FILE. RELEVANT FACTS STAND NARRATED HEREINABOVE ARE NOT REPEATED FOR THE SAKE OF BREVITY. WE FIND THAT THE HON BLE JURISDICTIONAL HIGH COURT IN TAX APPEAL NO. 520 OF 2012 CIT VS. ROYAL BUILDERS DECIDED ON 11 - 02 - I.T.A NO. 2557/AHD/2011 A.Y. 2008 - 09 PAGE NO ITO VS. M/S. AMBICA CONSTRUCTION 3 2013 HOLDS THE ABOVE STATED AMENDMENT AS CURATIVE IN NATURE HAVING RETROSPECTIVE EFFECT AS WELL. THE REVENUE FAILS TO POINT OUT ANY DISTINCTION ON FACTS. WE UPHOLD LOWER APPELLATE FINDINGS UNDER CHALLENGE. THE REVENUE S SOLE SUBSTANTIVE GROUND IS REJECTED . 5. THI S REVENUE S APPEAL IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 21 - 10 - 2015 SD/ - SD/ - ( PRAMOD KUMAR) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 21 /10 /2015 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,