ACIT, New Delhi V. M/s. Tata Teleservices Ltd., New Delhi

ITA 3550/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7733 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 15-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAMES SINGSAM
• Keywords: Condonation of delay; Revised return

Judgement Text

ACIT VS. TATA TELESERVICES LTD/ I.T.A.NO.3550/DEL/2 016/A.Y.2007-08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER . . /. I.T.A NO.3550/DEL/2016 / ASSESSMENT YEAR:2007-08 ACIT CIRCLE-25(1) C.R. BUILDING, I.P. ESTATE, NEW DELHI. VS. TATA TELESERVICES LTD. 2A, OLD ISHWAR NAGAR, MAIN MATHURA ROAD, NEW DELHI. PAN NO. AAACT2438A APPELLANT / RESPONDENT /REVENUE BY SHRI JAMES SINGSAM, SR. DR /ASSESSEE BY NONE / DATE OF HEARING: 28 .0 1.20 20 /PRONOUNCEMENT ON 2 9 .0 1.20 20 /O R D E R PER BHAVNESH SAINI, J.M. 1. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST TH E ORDER OF LD. CIT(APPEALS)-14, NEW DELHI DATED 21.03.2016 FOR ASS ESSMENT YEAR 2007-08. 2. IT IS NOTED IN THE IMPUGNED ORDER THAT GRIEVANCE OF THE ASSESSEE HAD BEEN THAT THE AO HAS NOT CONSIDERED THE REVISED FBT RETURN FILED BY THE ASSESSEE AND PROCEEDED TO CONCLUDE THE FBT ASSESSME NT BASED ON THE ORIGINAL FBT RETURN. THE ASSESSEE, THEREFORE, CONT ENDED THAT AO WAS NOT JUSTIFIED IN NOT GRANTING REFUND OF RS. 1.06 CRORES CLAIMED BY THE ASSESSEE AS PER REVISED FBT RETURN ALONG WITH INTEREST THERE ON. ACIT VS. TATA TELESERVICES LTD/ I.T.A.NO.3550/DEL/2 016/A.Y.2007-08 PAGE 2 OF 3 3. THE LD. CIT(A) NOTED IN THE APPELLATE ORDER THAT AS SESSEE HAS FILED ITS FBT RETURN FOR ASSESSMENT YEAR UNDER APPEAL ORI GINALLY ON 31.10.2007 DECLARING A FRINGE BENEFIT VALUE OF RS. 20.54 CRORE S. ON 09.03.2009 THE ORIGINAL RETURN WAS REVISED WITH THE FRINGE BENEFIT VALUE OF RS. 17.45 CRORES. THE AO PROCESSED THE ORIGINAL RETURN ON 05 .03.2009. THE ASSESSEE FILED A RECTIFICATION APPLICATION AGAINST THE INTIM ATION WHICH IS NOT PROCESSED TILL DATE. THE AO ALSO INITIATED ASSESSM ENT PROCEEDINGS U/S 115WE(2) OF THE ACT AND ASSESSMENT WAS COMPLETED VI DE ORDER DATED 24.12.2009 WITHOUT CONSIDERING THE REVISED RETURN O F FBT FILED BY ASSESSEE. THE LD. CIT(A) FOUND THE CONTENTION OF THE ASSESSEE TO BE CORRECT THAT ASSESSMENTS HAVE BEEN COMPLETED WITHOUT CONSIDERING THE REVISED RETURN OF FBT FILED BY THE ASSESSEE. THEREFORE, AO WAS DI RECTED TO CONSIDER THE REVISED RETURN AND DISPOSED OFF PENDING RECTIFICATI ON APPLICATION AS PER LAW. APPEAL WAS ALLOWED. 4. DEPARTMENT APPEAL IS TIME BARRED BY NINE DAYS. CON SIDERING THE EXPLANATION IN APPLICATION FOR CONDONATION OF DELAY , THE DELAY IN FILING APPEAL WHICH IS NOMINAL IS CONDONED. 5. LD. DR CONTENDED THAT LD. CIT(A) HAS NO POWER TO SE T ASIDE THE CASE TO THE AO. 6. AFTER CONSIDERING THE SUBMISSION OF THE LD. DR, WE DO NOT FIND ANY MERIT IN THE DEPARTMENTAL APPEAL. SINCE, ASSESSEE FILED REVISED RETURN OF INCOME AS WELL AS FILED RECTIFICATION APPLICATION A GAINST INTIMATION, THEREFORE, IT WAS THE DUTY OF THE AO TO FRAME THE A SSESSMENT AS PER ACIT VS. TATA TELESERVICES LTD/ I.T.A.NO.3550/DEL/2 016/A.Y.2007-08 PAGE 3 OF 3 REVISED RETURN AND SHALL HAVE TO DISPOSE OF THE REC TIFICATION APPLICATION AS PER LAW. THE ORDER OF THE LD. CIT(A) WOULD NOT AMO UNT TO SETTING ASIDE THE ASSESSMENT TO THE AO. THE ORDER PASSED BY THE LD. CIT(A) IS IN ACCORDANCE WITH LAW AND, AS SUCH, NEED NO INTERFERE NCE. DEPARTMENTAL APPEAL STANDS DISMISSED. 7. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 TH JANUARY, 2020 * KAVITA ARORA, SR. P.S. COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI