Joint Commssioner of Income Tax ,International Taxation Range, Hyderabad V. M+W Singapore pte Limited , Hyderabad

ITA 344/Hyd/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9777 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 31-08-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AMIT KUMAR
• Section: 273B; 143(3); 153C

Judgement Text

ITA No 344 of 2021 M+W Singapore Pte Ltd Hyderabad Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri A.M. Alankamony, Accountant Member and Shri S.S. Godara, Judicial Member ITA No.344/Hyd/2021 Assessment Year: 2011-12 Addl. C.I.T (Int.Taxation) Hyderabad Vs. M+W Singapore Pte Ltd Hyderabad PAN:AACCM4012H (Appellant) (Respondent) Revenue by: Sri K. Madhusudan, CIT (DR) Assessee by: Sri Amit Kumar, CA Date of hearing: 10/01/2022 Date of pronouncement: 20/01/2022 ORDER Per S. S. Godara, J.M. This Revenue’s appeal for the A.Y 2011-12 rise against the order of the CIT (A)-10, Hyderabad, dated 30.06.2021 passed in case No.ITBA/REC/F/154/2021-22/1033907985(1) involving proceedings u/s 143(3) r.w.s. 153C of the Income Tax Act, 1961, in short, the Act. Heard both the parties. Case file perused. 2. The Revenue proposes the following substantive ground in the instant appeal: “1. Whether, in the given facts and circumstances of the case, the Ld.CIT(A) was correct in law in deleting the penalty imposed by the Range head u/s 271 E of the Act holding that the repayment of the loan was made through banking channels i.e NEFT, RTGS etc. ITA No 344 of 2021 M+W Singapore Pte Ltd Hyderabad Page 2 of 3 and the genuineness of the transactions is also not under doubt. 2. The Ld.CIT(A) erred in grossly ignoring the law in force upto AY 2014-15 that repayment of loan by way of Electronic Clearing System through a bank account was prohibited u/s269T of the Act and amendment of section 269T of the Act by Finance (No.2) Act, 2014 came into effect prospectively from 01.04.2015 i.e., AY 2015-16 and onwards. 3. Whether, in the given facts and circumstances of the case, the Ld.CIT(A) was correct in law in holding that the provisions of Section 271 E of the Act are not applicable by merely stating that transaction was bonafide and the same was not made with a view to evade tax without appreciating the settled position of law that genuineness of transaction is not a criteria to be considered u/s271E r.w.s 269T of the Act. 4. Whether, in the given facts and circumstances of the case, there was reasonable cause in existence within the meaning of section 273B of the Act, so as to delete the penalty imposed by the Range head u/s271E LW.S 269T of the Act. 5. The appellant craves leave to add to, amend or modify the above grounds of appeal either before or at the time of hearing of the appeal, if considered necessary”. 3. Suffice to say, it is evident from a perusal of the Revenue’s above extracted pleadings as well as rival contentions that the relevant facts involved herein do not require us to delve much deeper in the instant issue. This is for the reason that although the assessee had duly adopted the electronic clearing system whilst repaying the loan in issue, the Revenue has drawn strong support from the Assessing Officer’s penalty order dated 30.09.2015 that such electronic clearing system(s) could be recognized as a mode of repayment by the Finance Act, 2014 w.e.f. 1.4.2015 only than having any retrospective operation since we are in A.Y 2011-12. We find no substance in Revenue’s instant technical arguments as the assessee has already complied with the banking channels required; although through electronic ITA No 344 of 2021 M+W Singapore Pte Ltd Hyderabad Page 3 of 3 clearing system, than by way a/c payee cheque. That being the clinching fact, we hold that the relevant precondition of the approved mode of payment stand sufficiently adhered to. We accordingly hold that the CIT (A) has rightly deleted the impugned penalty of Rs.21,925,751/- by quoting “reasonable cause” in section 273B of the Act in the given facts and circumstances. The Revenue fails in its sole and substantive ground therefore. 4. This Revenue’s appeal is dismissed. Order pronounced in the Open Court on 20 th January, 2022. Sd/- Sd/- (A.M.ALANKAMONY) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER Hyderabad, dated 20 th January, 2022. Vinodan/sps Copy to: S.No Addresses 1 Addl. C.I.T (International Taxation Range,Room No.504, 5 th Floor, Aayakar Bhavan, Basheerbagh, Hyderabad 2 M/s. M+W Singapore Pte Ltd, 1264, 2 & 3 Floor, Sai Shikha, Road No.36, Jubilee Hills, Hyderabad 3 CIT (A)-10 Hyderabad 4 CIT –(IT &TP), Hyderabad 5 DR, ITAT Hyderabad Benches 6 Guard File By Order