Kailash Chand Agrawal, Korba V. Dy. Commissioner of Income Tax, Korba

ITA 274/RPR/2016

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9176 (ITAT-RAIPUR)
• Duration Of Justice: 5 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 28-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Non-deduction of tax; TDS
• Section: 147; 154; 40(a)(ia); 250

Judgement Text

ITAT-Raipur Page 1 of 5 आयकरअपीलीय Ɋायािधकरण Ɋायपीठ रायपुर मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR (Through Virtual Court at Raipur) BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI JAMLAPPA D. BATTULL, ACCOUNTANT MEMBER आयकरअपील सं. / ITA No. 274/RPR/2016 िनधाŊरण वषŊ / Assessment Year : 2008-2009 Kailash Chand Agrawal Prop. Shree Balaji Road Carrier T.P. Nagar, Korba – 495679 (C.G) PAN : ADNPA 6830 G .......अपीलाथŎ / Appellant बनाम / V/s. Dy Commissioner of Income Tax, Korba - 495679 (C.G.) ......ŮȑथŎ / Respondent Appearances Assessee by : Shri G. S. Agrawal Revenue by : Shri G.N Singh सुनवाई की तारीख / Date of conclusive Hearing : 09/02/2022 घोषणा की तारीख / Date of Pronouncement : 09/02/2022 आदेश/ ORDER PER JAMLAPPA D. BATTULL, AM; Against the first appellate order of Commissioner of Income Tax - Appeals, Bilaspur [for short “CIT(A)”] passed u/s 250 vide order dt 07/03/2016 which emanated out of an order of rectification [for short “RO”] dt 06/08/2013 for AY 2008-2009 passed by the Assessing Officer [for short “AO”] u/s 154 of the ITA No. 274/RPR/2016 AY 2008-2009 ITAT-Raipur Page 2 of 5 Income-tax Act, 1961 [for short “the Act”], the appellant assessee filed this appeal before Income Tax Appellate Tribunal [for short “the Tribunal”] u/s 253. 2. The solitary issue under present appeal is that, the appellant assessee challenges the direction of Ld. CIT(A) issued to Ld. AO for initiating remedial action u/s 147 of the Act. 3. Before advancing the matter on facts for adjudication, it is necessary to reproduce ground challenged by the appellant assessee as under; “1. That under the facts and the law, the learned Commissioner of Income Tax (Appeals) erred in making direction to the Assessing Officer to take remedial action u/s 147 of the Income Tax Act by reopening the assessment in the proceedings before him for the year under consideration against the order u/s 154, which is not according to the law as the time limit expired and is without jurisdiction.” 4. In proceeding to adjudicate the dispute under appeal, it is important to lay the facts briefly as; the assessee is an individual and the proprietor of Shree Balaji Carrier who filed his return of income [for short “ITR/ROI”] for the AY 2008-2009 on 25/11/2010 with a returned income of ₹29,26,630/- and pursuant to the regular assessment u/s 143(3), the income of the assessee was assessed to tax at ₹31,28,730/-. The dispute was then carried under an appeal before Ld CIT(A), who granted a partial relief to the assessee on account of which the assessment was finally culminated at ₹30,48,730/-. Subsequent to aforesaid chronological events, the jurisdiction Ld. AO invoked the provisions of section 154 suo-moto and carried out the certain additions to the ITA No. 274/RPR/2016 AY 2008-2009 ITAT-Raipur Page 3 of 5 previously concluded assessment by an additional disallowance of ₹18,01,466/- u/s 40(a)(ia) contending non-deduction of tax at source [for short “TDS”] from the payment of finance charges paid to certain non- banking financial corporation [for short “NBFC”]. The said addition u/s 40(a)(ia) which was carried out through the order of rectification passed u/s 154 was challenged by a subsequent appeal to the first appellate authority. In this instance Ld CIT(A) while adjudicating the matter in favour of appellant, passed a specific direction to the jurisdictional AO to initiate separate remedial proceedings u/s 147 of the Act, consequently the appellant is before the Tribunal against such directions of Ld CIT(A). 5. On first scheduled date of hearing, the counsel for the assessee referring to an application of withdrawal dt 04/02/2022 made to and received by this Tribunal, entreated for withdrawal of appeal without prosecuting the matter further for the reason as“no action is taken by the Ld AO u/s 147 and now is also barred by limitation”. 6. Ld departmental representative expressed no objection for the withdrawal of this appeal. 7. After hearing to the rival contention of both the parties; perused material placed on record and duly considered the facts of the case in the light of legal ITA No. 274/RPR/2016 AY 2008-2009 ITAT-Raipur Page 4 of 5 position. In the light of written application from the assessee and no objection from the revenue, we allow the appeal for withdrawal. 8. Resultantly, the appeal of the appellant assessee is dismissed in above terms, with no order as to cost. Order pronounced in the open court on this Wednesday 9 th day of February, 2022. Sd/- Sd/- RAVISH SOOD JAMLAPPA D. BATTULL JUDICIAL MEMBER ACCOUNTANT MEMBER रायपुर/ RAIPUR ; िदनांक / Dated : 9 th February, 2022 आदेश की ŮितिलिपअŤेिषत / Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant. 2. ŮȑथŎ / The Respondent. 3. The CIT (Appeals), Raipur (C.G) 4. The Pr. CIT, Raipur (C.G) 5. िवभागीय Ůितिनिध,आयकरअपीलीय Ɋायािधकरण,रायपुर बŐच, रायपुर / DR, ITAT, Raipur Bench, Raipur. 6. गाडŊफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy //िनजीसिचव / Private Secretary आयकरअपीलीयअिधकरण, रायपुर / ITAT, Raipur. ITA No. 274/RPR/2016 AY 2008-2009 ITAT-Raipur Page 5 of 5 Sr Event Occurrence Date Attributes 1 Draft dictated on 09/02/2022 Sr.PS/PS 2 Draft placed before author 09/02/2022 Sr.PS/PS 3 Draft proposed and placed before the second Member 09/02/2022 JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the Asstt Registrar 11 Date of dispatch of order