DCIT (TDS), Dehradun V. State Bank of India, Dehradun

ITA 3782/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7224 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: misc
• Appeal Filed On: 10-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY VARMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S MT BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 3782 /DEL/201 5 [ A.Y 2014 - 15] THE D . C. I.T [TDS] VS. STATE BANK OF INDIA DEHRADUN TEL BHAWAN, DEHRADUN PAN : MRTSO 2193 C [APPELLANT] [RESPONDENT] DATE OF HEARING : 0 5 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 0 6 .0 7 .2018 ASSESSEE BY : SHRI SANJIV SAPRA, ADV REVENUE BY : S HRI VIJAY VARMA, CIT - DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (A), DEHRADUN DATED 03 . 0 3 .201 5 PERTAINING TO A.Y 2014 - 15. 2 2. THE SOLITARY GRIEVANCE OF THE REVENUE READS AS UNDER: T HE LD. CIT(A) ERRED IN LAW AND ON FACTS IN HOLDING THAT THE PROVISIONS OF SECTION 194A OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' ARE NOT APPLICABLE ON PAYMENT OF INTEREST IN SITE RESTORATION FUND ACCOUNT IGNORING THE FACT THAT DEPOSITS IN SITE RESTORATIO N FUND ACCOUNT ARE MADE FOR A FIXED PERIOD AND WHICH CARRY INTEREST APPLICABLE TO TIME DEPOSIT. 3. AT THE VERY OUTSET, THE LD. AR STATED THAT THE DISPUTE HAS ARISEN BECAUSE THE AO DID NOT FOLLOW THE ORDER OF THE CO - ORDINATE BENCH IN ASSESSEES OWN CASE O N IDENTICAL ISSUE FOR EARLIER YEARS AND THE CIT(A) FOLLOWED THE ORDER OF THE TRIBUNAL AND ALLOWED THE APPEAL OF THE ASSESSEE. 4. THE LD. DR FAIRLY CONCEDED TO THIS. 5. WE HAVE CAREFULLY CONSIDER ED THE ORDERS OF THE AUTHORITIES BELOW VIS A VIS THE GRIEVAN CE RAI S ED BY THE REVENUE IN THE PRESENT APPEAL. WE FIND FORCE IN THE CONTENTION OF THE LD. AR . AN IDENTICAL ISSUE H A S BEEN CONSIDERED AND DECIDED BY THE COORDINATE BENCH IN ASSESSEES OWN CASE IN A.YS 2010 - 11, 2011 - 12 AND 2012 - 13 IN ITA NOS. 3936 TO 3938/DEL/2013 AND OTHERS. WE FIND THAT THE COORDINATE BENCH HAS 3 ALSO DECIDED THIS ISSUE IN A.Y 2013 - 14 IN ITA NO. 38/DEL/2015 IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE . 6. WE FURTHER FIND THAT AT PARA 8, PAGE 7, THE FIRST APPELLATE AUTHORITY HAS EXTRACTED THE FINDINGS OF THE COORDINATE BENCH WHILE DECIDING THE ISSUE IN FAVOUR OF THE ASSESSEE. CONSIDERING THE FACT THAT THE FIRST APPELLATE AUTHORITY HAS ALLOWED THE APPEA L IN FAVOUR OF THE ASSESSEE, PLACING RELIANCE ON THE FINDINGS OF THE COORDINATE BENCH [SUPRA] NO INTERFERENCE IS CALLED FOR. 7 IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 3782 /DEL/201 5 IS DISMISSED . THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 0 6 .0 7 .2018. SD/ - SD/ - [ BEENA PILLAI ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 6 T H JU LY , 2018 VL/ 4 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER