ITO, TDS, Meerut V. M/s Jindal Poly Films Ltd., Bulandshahr

ITA 3969/DEL/2013

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 8931 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 20-01-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 24-06-2013
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D : NEW DELHI) BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NOS.3967 TO 3969/DEL./2013 ASSESSMENT YEAR : 2008-09 ITO (TDS & SURVEY), VS. M/S. JINDAL POLY FILMS LTD ., MEERUT. 19 TH KM, HAPUR BULAND SHAHAR ROAD, GULAOTHI, DISTT. BULAND SHAHAR. (PAN : AAACJ7650E) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.R. WADHWA, ADVOCATE REVENUE BY : SHRI P. DAMKAUNAJMA, SENIOR DR ORDER PER B.C. MEENA, ACCOUNTANT MEMBER : ALL THESE APPEALS FILED BY THE REVENUE EMANATE FROM THE ORDER OF CIT (APPEALS), MEERUT DATED 25.03.2013. IN THESE THREE APPEALS, ONE APPEAL IS RELATED TO THIRD QUARTER AND THE OTHER TWO APPEALS ARE RELATED TO FOURTH QUARTER OF ASSESSMENT YEAR 2008-09. 2. ITO (TDS) MADE ORDER U/S 201 (1) AND 201(1A) OF THE INCOME-TAX ACT, 1961 ON 05.03.2011 DEMANDING TAX AND INTEREST OF RS .12,56,760/-, RS.40,16,310/- AND RS.63,11,460/-. IN ALL THESE AP PEALS, THE ISSUE RELATE TO THE CREDIT FOR TDS MADE AND DEPOSITED IN THE GOVERNMENT ACCOUNT. THE CIT (A) HAS DIRECTED TO CARRY OUT THE APPROPRIATE VERIFICAT IONS FOR WHICH THE ASSESSEE COMPANY WILL PROVIDE REQUISITE ASSISTANCE AND THE C IT (A) HAS DIRECTED THE ASSESSING OFFICER TO GIVE CREDIT TO TAX PAYER AND P ASS THE APPROPRIATE RECTIFICATION ORDER MODIFYING OR CANCELLING, AS THE CASE MAY BE, THE DEMAND FOR ITA NO.3967 TO 3969/DEL./2013 2 TAX AND INTEREST RAISED BY THE ORDERS OF THE ITO (T DS). NOW, IN ALL THESE THREE APPEALS, THE GROUND IS COMMON WHICH READ AS UNDER:- THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS), MEERUT, HAS ERRED IN LAW AND ON FACTS IN DIRECTING THE AO TO CARRY OU T APPROPRIATE VERIFICATIONS FOR RS.1,15,84,530/- WITHOUT APPRECIA TING THE FACTS AND THE SAME IS TANTAMOUNT TO SET ASIDE OF THE CASE. 3. THE MAIN GRIEVANCE IS WITH REGARD TO THE DIRECTI ON GIVEN BY THE CIT (A), MEERUT TO CARRY OUT APPROPRIATE VERIFICATION. THE REVENUES GRIEVANCE IS THAT THE SAME DIRECTION AMOUNTS TO SET ASIDE THE CASE WHICH THE CIT (A) DID NOT HAVE THE POWER TO DO SO. 4. AFTER HEARING BOTH THE SIDES ON THE ISSUE, WE FI ND THAT IN THE INTEREST OF JUSTICE AND EQUITY, IT WILL BE APPROPRIATE THAT VER IFICATION IS NECESSARY AT THE LEVEL OF ASSESSING OFFICER TO GIVE CREDIT TO THE TAXES PA ID AND PASS APPROPRIATE RECTIFICATION ORDER ACCORDINGLY. THEREFORE, WE DIR ECT THE ASSESSING OFFICER TO GIVE CREDIT TO THE TAXES PAID AND PASS THE APPROPRI ATE RECTIFICATION ORDER MODIFYING OR CANCELLING, AS THE CASE MAY BE, THE DE MAND OF TAX AND INTEREST RAISED IN THE ORDERS OF THE ITO (TDS). THE ASSESSE E SHALL PROVIDE REQUISITE ASSISTANCE IN THIS VERIFICATION PROCESS. KEEPING T HESE FACTS IN VIEW, WE FIND NO MERIT IN THE GROUND OF THE APPEALS AND WE DISMISS T HESE APPEALS. 5. IN THE RESULT, ALL THE THREE APPEALS ARE DISMISS ED. ORDER PRONOUNCED IN OPEN COURT ON THIS DAY OF 20 TH JANUARY, 2015. SD/- SD/- (I.C. SUDHIR) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 20 TH DAY OF JANUARY, 2015/TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A), MEERUT. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.