Smt.Neeta Anto, Cochin V. The ACIT, Cochin

ITA 431/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86420 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-02-2015
• Assessment Year: 2012-2013
• Appeal Filed On: 07-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Assessee Lawyers: SOUMYA PRAKASH

Judgement Text

1 ITA NO. 431/COCH/2014 SA. 61/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) I.T.A NO. 431/COCH/2014 & S.A. NO.61/COCH/2014 (ASSESSMENT YEAR 2012-13) SMT. NEETA ANTO VS THE ADIT (TDS) 412/934, FIRST FLOOR KOCHI PULLEPPADY ROAD, KOCHI 682 018 PAN : AHFPA5964K (APPELLANT) (RESPONDENT) APPELLANT BY : MS SOUMYA PRAKASH RESPONDENT BY : SHRI K.K. JOHN DATE OF HEARING : 12-02-2015 DATE OF PRONOUNCEMENT : -03-2015 O R D E R PER N.R.S. GANESAN (JM) THE APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) CONFIRMING LEVY OF PENALTY U/S 271C OF THE ACT FOR DELAYED PAYMENT OF TAX DEDUCTED AT SOURCE U/S 194C, 194-I AND 194J OF THE ACT. THE LD.REPRESENTATIVE VERY FAIRLY SUBMITTED THAT THE TA X WAS DEDUCTED, HOWEVER, IT COULD NOT BE DEPOSITED WITHIN THE TIME LIMIT PRE SCRIBED. THE LD.COUNSEL VERY FAIRLY SUBMITTED THAT ON IDENTICAL SET OF FACT S, THIS TRIBUNAL IN THE CASE 2 ITA NO. 431/COCH/2014 SA. 61/COCH/2014 OF M/S CLASSIC CONCEPTS HOME INDIA (P) LTD ITA NOS 469-472/COCH/2014 DATED 09-01-2015 CONFIRMED THE LEVY OF PENALTY U/S 271C OF THE ACT. THEREFORE, THE LD.REPRESENTATIVE SUBMITTED THAT THE ISSUE IS COVERED AGAINST THE ASSESSEE. 2. ON THE CONTRARY, SHRI K.K. JOHN, THE LD.DR SUBMI TTED THAT ADMITTEDLY, THE ASSESSEE DEDUCTED TAX; HOWEVER, IT WAS NOT DEPO SITED WITHIN THE TIME LIMIT PRESCRIBED. THE TAX WAS DEPOSITED BELATEDLY IN THE GOVERNMENT ACCOUNT. THEREFORE, THE PENALTY WAS LEVIED U/S 271 C OF THE ACT. THE LD.DR SUBMITTED THAT ON IDENTICAL SET OF FACTS, THIS TRIB UNAL CONFIRMED THE LEVY OF PENALTY IN THE CASE OF M/S CLASSIC CONCEPTS HOME IN DIA (P) LTD. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NO T IN DISPUTE THAT TAX WAS DEDUCTED AT THE TIME OF MAKING THE PAYMENT. HOWEVE R, THE TAX DEDUCTED WAS NOT DEPOSITED IN THE GOVERNMENT ACCOUNT. THEREF ORE, THERE WAS A DEFAULT ON THE PART OF THE ASSESSEE FOR DEPOS ITING THE TAX DEDUCTED AT SOURCE IN THE GOVERNMENT ACCOUNT. ON IDENTICAL SET OF FACTS, THIS TRIBUNAL CONFIRMED THE LEVY OF PENALTY U/S 271C OF THE ACT. IT HAS BEEN FAIRLY CONCEDED BY THE LD.COUNSEL FOR THE ASSESSEE AND THE LD.DR THAT THIS TRIBUNAL ON IDENTICAL SET OF FACTS CONFIRMED THE LE VY OF PENALTY U/S 271C; 3 ITA NO. 431/COCH/2014 SA. 61/COCH/2014 THEREFORE, THE ISSUE IS COVERED AGAINST THE ASSESSE E. WE HAVE ALSO CAREFULLY GONE THROUGH THE ORDER OF THE TRIBUNAL IN M/S CLASSIC CONCEPTS HOME INDIA (P) LTD (SUPRA). THIS TRIBUNAL IS OF TH E CONSIDERED OPINION THAT ON IDENTICAL SET OF FACTS, SIMILAR PENALTY U/S 271C IS CONFIRMED BY THIS TRIBUNAL. IN VIEW OF THE ORDER OF THIS TRIBUNAL IN M/S CLASSIC CONCEPTS HOME INDIA (P) LTD (SUPRA) AND FOR THE REASONS STAT ED THEREIN THE LEVY OF PENALTY IN THE IMPUGNED CASE IS CONFIRMED. 4. IN VIEW OF OUR DECISION ABOVE, THE STAY APPLICAT ION BECOMES INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL AND THE STAY APPLICATI ON OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 06 TH MARCH, 2015. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 06 TH FEBRUARY, 2015 PK/- COPY TO: 1. SMT. NEETA ANTO, 41/934, FIRST FLOOR, PULLEPPADY ROAD, KOCHI 682 018 2. THE ADDLCIT(TDS), KOCHI 3. THE COMMISSIONER OF INCOME-TAX(TDS), KOCHI 4. THE COMMISSIONER OF INCOME-TAX(A)-III, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH