ADITYA BILA MONEY MART LTD, MUMBAI V. DCIT (TDS) 1(1), MUMBAI

ITA 3584/MUM/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3563 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2014
• Court: TRIBUNAL
• Department Lawyers: A RAMCHANDRAN LD SR D
• Assessee Lawyers: BHAKTI YAIDYA LD
• Section: 201(1)

Judgement Text

ITA NO . 3584 /MUM/2014 - M/S. ADITYA BIRLA MONEY MART LTD - A - JM 1 IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH: MUMBAI BEFORE HONBLE SRI MAHAVIR SINGH, JM & HONBLE SRI RA M IT KOCHAR, AM I.T.A NO . 3 5 84 / MUM/201 4 A.Y 200 9 - 10 M/S. ADITYA BIRLA MONEY MART LTD V S. D .C.I.T (TDS) , 1 (1), MU MBAI PAN: A AACB8843M ( APPELLANT /ASSESSEE ) ( RESPONDENT /DEPARTMENT ) FOR THE APPELLANT/ASSESSEE:MS. BHAKTI YAIDYA, LD.AR FOR THE RESPONDENT/DEPARTMENT: SHRI A.RAMCHANDRAN, LD. SR.DR DATE OF HEARING: 2 8 - 06 - 2016 DATE OF PRONOUNCEMENT : 28 - 06 - 2016 ORDER SHRI MAHAVIR SINGH, JUDICIAL MEMBER : TH IS APPEAL OF ASSESSEE IS ARISING OUT OF ORDER OF C IT(A) IN A PPEAL NO. CIT(A) - 14/TDS RG(1)/IT - 467/2011 - 12 DATED 21 - 02 - 2014 . TDS ASSESSMENT WAS FRAMED BY D CIT (TDS) , 1(1), MUMBAI FOR THE ASSESSMENT YEAR 200 9 - 10 U/S 201(1) AND CONSE QUENT INTEREST WAS CHARGED U/S 201(1A) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 12 - 03 - 2011 . 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF THE CIT(A) CONFIRMING THE ACTION OF THE AO IN HOLDING THE ASSESSEE IN DEFAULT UNDER THE PROVISIONS OF TDS U/S. 2 0 1 (1) AND CONSEQUENT INTEREST U/S. 201(1A) OF THE ACT IN RESPECT OF INCOME BY WAY OF PROFESSIONAL RECEIPTS ON THE BASIS OF FORM 26AS BEING ANNUAL TAX STATEMENT ISSUED U/S. 203AA OF THE ACT. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATION STATING THAT THE AO HAS RECTIFIED THE ORDER ON FILING OF CORRECTIONAL STATEMENT TO RECTIFY THE DATA ENTRY ERRORS IN THE TDS STATEMENT. RELEVANT PORTION OF WHICH READS AS UNDER: - NOW ON QUERY RAISED IN THE SYSTEM (TRACES) FOR CONSOLIDATED DEMAND, IT HAS RESULTED THAT THE DEMAND HAS REDUCE TO RS.10/ - (COPY ENCLOSED) FOR F.Y 2008 - 09, FORM NO.24Q - 4 TH QUARTER FOR THE FINANCIAL YEAR UNDER TAN: MUMB07995B. THIS INDICATES THAT THE ASSES SEE HAD THEREAFTER ITA NO . 3584 /MUM/2014 - M/S. ADITYA BIRLA MONEY MART LTD - A - JM 2 FILED CORRECTION STATEMENTS ON TRACES TO RECTIFY DATA ENTRY ERRORS AND THE SAME HAVE BEEN RECTIFIED. IN VIEW OF THE ABOVE, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THIS APPEAL HAS BECOME INFRUCTUOUS. ON QUERY FROM THE BENCH, THE LD .SR.DR APPEARING ON BEHALF OF THE DEPARTMENT HAS NOT OBJECTED TO THE SAME. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE DISMISSED BEING INFRUCTUOUS. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED BEING INFRUCTUOUS. ORDER PR ONOUNCED IN THE OPEN COURT ON 28 .06.2016 DATED : 28 - 06 - 2016 *PP /SR.P.S. SD/ - RAMIT KOCHAR ACCOUNTANT MEMBER SD/ - MAHAVIR SINGH JUDICIAL MEMB ER ITA NO . 3584 /MUM/2014 - M/S. ADITYA BIRLA MONEY MART LTD - A - JM 3 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT /ASSESSEE: M/S. ADITYA BIRLA MONEY MART LTD, ONE INDIABULLS CENTER, TOWER 1, 14 TH FLOOR, 841, JUPITOR MILL COMPOUND, S,B MARG, ELPHINSTONE ROAD, MUMBAI 400013. 2 RESPONDENT : THE D CIT (TDS) - 1(1) , ROOM NO. 803, 8 TH FLOOR, SMT. KG MITTAL HOSPITAL, CHARNI ROAD, MUMBAI. 3 . THE CIT, 4 . THE CIT(A), MUMBAI 5 . DR, MUMBAI BENCHES, MUMBAI TRUE COPY, BY ORDER, / ASSTT. REGISTRAR