PIRAMAL CORPORATE SERVICES LTD, MUMBAI V. ACIT (TDS) CIR 2(1), MUMBAI

ITA 2585/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2613 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 17-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C W ANGOLKAR
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI RAMIT KOCHAR , AM ./ ITA NO. 2585/MUM/2014 ( / ASSESSMENT YEAR: 2008 - 09 ) PIRAMAL COOPERATIVE SERVICES LTD. / VS. ACIT (TDS), CIRCLE - 2(1) (EARLIER PIRAMAL ENTERPRISES LTD.) 1ST FLOOR, PIRAMAL TOWER ANNX. LOWER PAREL, MUMBAI 400013 MUMBAI ./ PAN - AAACJ5669H / APPELLANT / RESPONDENT / APPELLANT BY: NONE / RESPONDENT BY : SHRI C.W. ANGOLKAR / DATE OF HEARING : 19.10. 2015 / DATE OF PRONOUNCEMENT : 30 .10.2015 / O R D E R PER SHAILENDRA K. YADAV, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) - 4, MUMBAI AND IT PERTAINS TO A.Y. 2008 - 09. 2. ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: - 1. THE LEARNED CIT ERRED IN DISMISSING THE APPEAL AND ACCORDINGLY ERRED IN HOLDING THAT THE APPELLANT HAS ABANDONED ITS APPEAL. 2. THE LEARNED CIT IN PASSING THE ORDER ERRED IN HOLDING THAT THE APPELLANT HAS FAILED TO FURNISH REVISED E - TDS RETURN, CORRECTION STATEMENT, RECTIFICATION APPLICATIONS BEFORE AO. 3. IT WAS OBSERVED THAT NET DEFAULTS NOTICED AFTER THE EXPIRY OF STIPULATED PERIOD OF FILING THE COR RECTION STATEMENTS WHERE AS PER THE JUSTIFICATION REPORT WHICH FORMED ANNEXURE A OF HIS ORDER UNDER 2 ITA NO. 2585/MUM/2014 PIRAMAL COOPERATIVE SERVICES LTD. SECTION 201(1)/201(1A) OF THE ACT DATED 14.03.2011. HOWEVER, NO SUCH JUSTIFICATION REPORT ENCLOSED WITH THE ORDER. THE AO DECLARED THE ASSESSEE AS AN ASSES SEE IN DEFAULT IN RESPECT OF THE AMOUNT SPECIFIED AS UNDER: - S.NO. DESCRIPTION AMOUNT ( ` ) INTEREST ( ` ) 1 TOTAL AMOUNT OF SHORT DEDUCTION/COLLECTION (AS PER ANNEXURE OF ORDER) 4,590 1,750 2 TOTAL AMOUNT DEDUCTED BUT NOT PAID ( - DO - ) 9,01,470 3,36,900 3 TOTAL INTEREST ON LATE PAYMENT ( - DO - ) 1.070 4 TOTAL 9,06,060 3,39,720 5 GRAND TOTAL (TOTAL AMOUNT + TOTAL INTEREST) = ` 12,45,780/ - 4. THE MATTER WAS CARRIED BEFORE THE APPELLATE AUTHORITY WHEREIN IT WAS OBSERVED THAT THE ASSESSEE HAS ABANDONED ITS APPEAL BE FORE HIM. THE CIT(A) OBSERVED THAT THE ASSESSEE HAS PRODUCED NO MATERIAL IN SUPPORT OF HIS GROUNDS. SO HE DISMISSED THE APPEAL. HOWEVER, ASSESSEE WAS GRANTED LIBERTY AND LEAVE TO FILE A RECTIFICATION APPLICATION UNDER SECTION 154 OF THE ACT BEFORE THE CONC ERNED AO OR TO FURNISH A CORRECTION STATEMENT ON THE DISPUTED ISSUE OF SHORT DEDUCTION/COLLECTION OF TAXES OF ` 4,590/ - . IN THIS CASE, BECAUSE OF NON COOPERATION OF THE ASSESSEE THE CIT(A) RESTORED THE MATTER TO AO WITH LIBERTY TO ASSESSEE TO FILE RECTIFI CATION APPLICATION UNDER SECTION 154 BEFORE HIM OR TO FURNISH CORRECTION STATEMENT ON DISPUTED ISSUE OF SHORT DEDUCTION/COLLECTION OF TAXES OF ` 4,590/ - , WHEREBY HE HAS PROVIDED SPACE TO ASSESSEE FOR ITS LEGAL REMEDY . THIS REASONED FACTUAL LEGAL FINDING OF CIT(A) NEEDS NO INTERFERENCE FROM OUR SIDE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 3 ITA NO. 2585/MUM/2014 PIRAMAL COOPERATIVE SERVICES LTD. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH OCTOBER, 2015. 30. 10.2015 SD/ - SD/ - ( RAMIT KOCHAR ) ( SHAILENDRA KUMAR YADAV ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI , DATED 30 TH OCTOBER, 2015 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) - 4 , MUMBAI 4. / THE CIT - TDS , MUMBAI 5. , , / DR, C BENCH ITAT, MUMBAI 6. / GUARD FILE . / B Y O RDER //TRUE COPY// /ASSTT. REGISTRAR) , /ITAT, MUMBAI