DCIT, International Taxation, Dehradun V. M/s Paradigm Geophysical Pty Ltd., Dehradun

ITA 3016/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3294 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 26-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VISHAL MISHRA CAS
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SMT BEENA PILLAI, JUDICIAL MEMBER ITA NO.3016/DEL/2016 ASSESSMENT YEAR: 2011-12 DCIT, INTERNATIONAL TAXATION, CIRCLE-2, AAYAKAR BHAWAN, 13-A, SUBHASH ROAD, DEHRADUN. VS. PARADIGM GEOPHYSICAL PTY LTD., C/O NANGIA & CO., 3 RD FLOOR, NCR PLAZA, NEW CANTT. ROAD, DEHRADUN. PAN: AADCP5999B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AMIT ARORA & SHRI VISHAL MISHRA, CAS DEPARTMENT BY : SHRI ATIQ AHMAD, SR. DR DATE OF HEARING : 14.11.2017 DATE OF PRONOUNCEMENT : 15 .11.2017 ORDER PER R.S. SYAL, VP: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 03.03.2016 IN RELATION TO T HE ASSESSMENT YEAR 2011-12. ITA NO.3016/DEL/2016 2 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAIN ST THE DELETION OF INTEREST U/S 234B OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED `THE ACT). 3. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE REL EVANT MATERIAL ON RECORD. IT IS OBSERVED THAT CERTAIN ADDITIONS WERE MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER PASSED BY HIM. THE TRIBUNAL, VIDE ITS ORDER DATED 28.04.2017, A COPY OF WHICH HAS BEEN PL ACED ON RECORD, DELETED SUCH ADDITIONS. WHILE GIVING EFFECT TO THE ORDER PASSED BY THE TRIBUNAL, THE ASSESSING OFFICER, VIDE HIS ORDER DAT ED 22.09.2017, HAS HIMSELF COMPUTED INTEREST U/S 234B AT RS. NIL. IN V IEW OF THE FACT THAT THE VERY BASIS FOR CHARGING OF INTEREST U/S 234B, B EING THE ADDITIONS MADE IN THE ASSESSMENT ORDER, CEASES TO EXIST, THER E CAN BE NO QUESTION OF CHARGING ANY INTEREST. ITA NO.3016/DEL/2016 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS HAVING BECOME INFRUCTUOUS. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 1 5 TH NOVEMBER, 2017. SD/- SD/- [BEENA PILLAI] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 15 TH NOVEMBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.