UTV SOFTWARE COMMUNICATIONS LTD., MUMBAI V. ACIT-16(1), MUMBAI

ITA 4186/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0213 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 11-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Keywords: TDS
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL , AM / I .T.A. NO. 4186 / MUM/ 201 9 ( / ASSESSMENT YEAR: 20 12 - 13 ) UTV SOFTWARE COMMUNICATION LTD. 1 ST FLOOR, BUILDING NO . 14, SOLITAIRE CORPORATE PARK, GURU HARGOVINDJI MARG, CHAKALA, ANDHERI (E), MUMBAI - 400093 . / VS. ACIT 16(1) ROOM NO. 439, 4 TH FLOOR, AAYKAR BHAWAN, M. K. MARG, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AAACU 4122 G ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 16 / 1 2 / 20 20 /DATE OF PRONOUNCEMENT: 16 / 1 2 / 20 20 / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 12 . 0 4 .201 9 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 04 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A. Y. 201 2 - 13 . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS.: - 1. THE AO ERRED IN LEVYING PENALTY AT 100 ON ADDITION OF RS.7,29,420 DUE TO ESTIMATION OF INCOME BY GROSSING UP OF THE DIFFERENCE IN TDS NOT RECONCILED WITH AIR. THE APPELLANT HAD NOT CLAIMED THE TDS OF RS,72,942/ - SO GROSSED UP BY THE AO. 2. THE AO ERRED IN LEVYING PENALTY AT 100 ADDITION & THE HONOURABLE CIT(A) ERRED IN CONFIRMING THE PENALTY MADE ON ACCOUNT OF INTEREST ON INCOME TAX REFUND OF RS,77,28,984/ - WITHOUT APPRECIATING THAT IT WAS GENUINE ASSESSEE BY : SHRI SAURABH RATHI REVENUE BY: SHRI GAURAV BATHAM ITA NO. 4186 /M/201 9 A.Y.20 12 - 1 3 2 ERROR IN THE ACCOUNTS WHICH WAS RECTIFIED IN SUBSEQUENT YEAR. 3. THE AO ERRED IN LEVYING PENALTY AT 100% ON DISALLOWANCE OF EXPENSES ON TRAVELLING, CONVEYANCE AND ACCOMMODATION OF RS,68,05,264 WHICH WERE DEBITED TO THE AUDITED PROFIT AND LOSS ACCOU NT. 4. THE AO ERRED IN LEVYING PENALTY AT 100% ON ADDITION MADE IN RESPECT OF DONATIONS OF RS,51,00,000. THE AO OUGHT TO HAVE CONSIDERED THAT IT WAS AN INADVERTENT MISTAKE. 5. THE AO ERRED IN IGNORING JUDICIAL PRECEDENTS OF THE HONOURABLE SUPREME COURT IN SIMILAR CASES. 6. THE APPELLANT CRAVES LEAVE TO ADD, TO ALTER, TO AMEND OR TO DELETE ANY GROUND OF APPEAL, AT OR PRIOR TO HEARING OF THE APPEAL AS MAY BE REQUIRED TO ENABLE THE HONBLE APPELLATE AUTHORITY TO DECIDE THIS APPEAL IN ACCORDANCE WITH LAW. 3 . W HEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT F OR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 4. THE LD. DR ALSO DID NOT OBJECT TO DISGRACE SO SUGGESTED. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. ITA NO. 4186 /M/201 9 A.Y.20 12 - 1 3 3 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 16 / 1 2 /2020 SD/ - SD/ - ( MANOJ KUMAR AGG ARWAL ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 16 / 12 / 2020 V IJAY PAL SINGH ( SR.PS ) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI