RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORPORATION LTD., Jaipur V. ACIT, Jaipur

ITA 38/JPR/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2183 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2002-2003
• Appeal Filed On: 11-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DCIT DHK
• Section: 244A

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPAN] YS[KK LNL; ] DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 38/JP/2017 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2002-03 M/S RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORPORATION LTD., SETU BHAWAN, JHALANA DOONGRI, JAIPUR. CUKE VS. A.C.I.T., CIRCLE-6, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCR 9650 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SMT. POONAM RAI (DCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 03/04/2017 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 05/04/2017 VKNS'K@ ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 30/11/2016 PASSED BY THE LD CIT(A)-2, JAIPUR FOR TH E A.Y. 2002-03, WHEREIN THE ASSESSEE HAS ONLY ONE GROUND OF APPEAL, WHICH IS AGAINST NOT ALLOWING THE INTEREST ON REFUND U/S 244A OF THE INCO ME TAX ACT, 1961 (IN SHORT THE ACT) FOR THE PERIOD NOVEMBER, 2002 TO MAR CH 2003 BY HOLDING THAT AS THE ASSESSEE HAS FILED THE RETURN DELAYED B Y 5 MONTHS, DELAY IN ITA 38/JP/2017_M/S RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORP. LTD. VS ACIT 2 GRANTING REFUND IS ATTRIBUTABLE TO THE ASSESSEE AND THUS NO INTEREST IS ALLOWABLE FOR THAT PERIOD. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE HA S SUBMITTED RETURN OF INCOME ON 30/3/2003. THE DUE DATE OF FILING OF RETUR N WAS 31/10/2002. THE ASSESSING OFFICER GRANTED THE INTEREST U/S 244A OF THE ACT FOR THE PERIOD FROM 01/4/2002 TO 31/10/2002. THEREAFTER FROM 01/4/2003 TO 31/8/2004. FOR THE PERIOD FROM 01/11/2002 TO 31/3/2 003, THE INTEREST WAS NOT GRANTED ON THE BASIS THAT THE ASSESSEE HAS N OT SUBMITTED THE RETURN OF INCOME WITHIN THE PRESCRIBED TIME AND THE DELAY WAS ATTRIBUTABLE TO THE ASSESSEE. 3. AT THE OUTSET OF HEARING, THE LD AR HAS DRAWN OUR ATTENTION TOWARDS THE PROVISIONS OF SECTION 244A(2) OF THE ACT WHEREIN HE PLEADED THAT WHERE ANY QUESTION ARISES AS TO THE PERIOD TO BE EXC LUDED, IT SHALL BE DECIDED BY THE PR.CIT/CCIT/CIT, WHOSE DECISION SHALL BE FINAL. FROM THE FACTS OF THE CASE, IT IS CLEAR THAT THE DELAY FOR T HE PERIOD FROM 01/11/2002 TO 31/3/2003 WAS ON ACCOUNT OF NOT SUBMITTING THE RE TURN IN TIME AND THEREFORE, IT IS CLEARLY ATTRIBUTABLE TO THE ASSESS EE. HOWEVER, THE ASSESSING OFFICER WHILE DENYING THE INTEREST U/S 244 A OF THE ACT, HAS NOT FOLLOWED THE PROCEDURE AS PROVIDED IN SECTION 244A(2 ) OF THE ACT, THEREFORE, THE MATTER IS RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER ITA 38/JP/2017_M/S RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORP. LTD. VS ACIT 3 TO COMPLY WITH THE REQUIREMENT OF SECTION 244A(2) OF THE ACT AND DECIDE THE ISSUE DE NOVO. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 05/04/2017. SD/- HKKXPAN (BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 05 TH APRIL, 2017 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORPORATION LTD., JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ACIT, CIRCLE-6, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 38/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR