The ACIT, 1(1), Bhopal V. M/s Madhya Pradesh Pathya Pustak Nigam, Bhopal

ITA 256/IND/2011

• Counselvise Citation: 25622714 RSA 2011
• Duration Of Justice: 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2002-2003
• Appeal Filed On: 28-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN DEWAN
• Keywords: Revised return
• Section: 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AAAAM0318C I.T.A.NO. 256/IND/2011 A.Y 2002 - 03 . ACIT, 1(1), BHOPAL. VS MADHYA PRADESH PATHYA PUSTAK NIGAM , PUSTAK BHAWAN, JAIL ROAD, BHOPAL. APPELLANT RESPONDENT APPELLANT BY : SHRI ARUN DEWAN, SR. DR RESPONDENT BY : SHRI PRAKASH JAIN, C. A. DATE OF HEARING : 31 . 01 .201 2 DATE OF PRONOUNCEMENT : 31 . 01 .201 2 O R D E R PER R. C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) DATED 11.7.2011 FOR THE ASSESSMENT YEAR 2 002-03, IN THE MATTER OF ORDER PASSED U/S 154/250/147/143(3) O F THE INCOME-TAX ACT, 1961. -: 2: - 2 2. FOLLOWING GROUND OF APPEAL HAS BEEN TAKEN BY THE REVENUE :- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE CIT(A) HAS ERRED IN DIRECTING THE ASSESSING OFFICER TO GIVE CREDIT FOR TDS AMOUNTING TO RS. 62,61,524/- EVEN THOUGH THE ASSESSING OFFICER HAS RIGHTLY REJECTED THE 154 APPLICATION OF THE ASSES SEE IN VIEW OF THE PROVISIONS OF SECTION 239(2) OF TH E INCOME-TAX ACT, 1961,. 3. THE BRIEF FACTS OF THIS CASE ARE THAT ORDER U/S 147/143(3) OF IT ACT 1961 WAS COMPLETED ON 28.11.2 007 WHEREIN AND TOTAL INCOME WAS ASSESSED AT RS. 7,86,52,682/- AND DEMAND OF RS.4,38,15,089/- WAS RAISED. SUBSEQUENTLY, AFTER GIVING EFFECT TO THE O RDER OF CIT (A)-I, BHOPAL, THE ASSESSED INCOME WAS REVISED AT R S. 1,20,43,170/-. SUBSEQUENTLY, THE ASSESSEE HAS MOVED AN APPLICATION U/S 154 OF IT ACT STATING THEREIN THAT CREDIT FOR TDS AMOUNTING TO RS.62,6L ,524/- WAS NOT GIVEN. THE ASSESSEE HAS ALSO ENCLOSED COPIES OF TDS CERTIFICAT ES AMOUNTING TO RS.43,13,534/- ALONG WITH INDEMNITY BO ND. IN THE APPLICATION U/S 154, THE ASSESSEE STATED THA T TDS AMOUNTING TO RS. 62,61,524/- WAS CLAIMED IN ORIGIN AL RETURN FILED ON 27.05.2003 U/S 139 AND THEREFORE RE QUESTED -: 3: - 3 THE AO TO GIVE CREDIT FOR SUCH TDS AMOUNT. THE AO EXAMINED THE CLAIM OF THE APPELLANT AND KEEPING IN VIEW, THE PROVISIONS OF SECTION 239(2) OF IT ACT REJECTED THE APPLICATION OF THE APPELLANT STATING THAT THE ASSES SEE HAS FILED RETURN OF INCOME FOR A. Y. 2002-03 ON 27.05.2 003 CLAIMING TDS OF RS. 62,61,524/- AND THAT THE ABOVE RETURN AND CLAIM OF TDS WAS BEYOND THE TIME LIMIT PRESCRIB ED UNDER THIS ACT. THEREFORE, AS PER AO NO CREDIT FOR TDS AMOUNTING TO RS.62,61,524/- CAN BE GIVEN . 4. BY THE IMPUGNED ORDER, THE LD. CIT(A) HELD THAT THE ASSESSEE HAS FILED THE RETURN WITHIN TIME ALLOWED U /S 139(2), THEREFORE, ELIGIBLE FOR CREDIT ON ACCOUNT OF TDS. T HEREAFTER, THE CIT(A) ISSUED FOLLOWING DIRECTION TO THE ASSESSING OFFICER :- THEREFORE, THE ASSESSING OFFICER IS DIRECTED TO G IVE CREDIT FOR SUCH TDS AMOUNT AFTER MAKING NECESSARY VERIFICATION AS REGARDS THE TDS CLAIM MADE VIS--V IS THE TDS CERTIFICATES ENCLOSED WITH THE RETURN AS AL SO FOLLOWING DUE PROCESS AND PROCEDURES FOR ISSUE/ADJUSTMENT OF SUCH REFUND WHERE ALL TDS CERTIFICATES ARE NOT ENCLOSED AND FOR SUCH CERTIFIC ATES INDEMNITY BOND HAS BEEN FILED. -: 4: - 4 5. AGGRIEVED BY THE ABOVE ORDER, THE REVENUE IS IN APP EAL BEFORE US. 6. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AN D FOUND THAT THE ASSESSEE HAS FILED REVISED RETURN FOR THE RELEVANT ASSESSMENT YEAR UNDER CONSIDERATION ON 27.5.2003, W HEREIN CLAIM OF TDS AMOUNTING TO RS. 62,61,524/- WAS MADE. THE RETURN SO FILED WAS WELL WITHIN THE TIME STIPULATED U/S 239(2) CLAUSE (C). ACCORDINGLY, WE DO NOT FIND ANY INFIRMI TY IN THE ORDER OF CIT(A) FOR DIRECTING THE ASSESSING OFFICER FOR CREDIT OF TDS AFTER MAKING NECESSARY VERIFICATION AS REGARDS TDS CLAIM MADE BY THE ASSESSEE VIS--VIS TDS CERTIFICATE ENCL OSED WITH THE RETURN OF INCOME. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 31 ST JANUARY, 2012. ( JOGINDER SINGH) ( R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 31 ST JANUARY, 2012. CPU* 31