Transmission Corporation of A.P.Ltd., Hyderabad V. DCIT, Hyderabad

ITA 460/HYD/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53504 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-02-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 06-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS
• Assessee Lawyers: SHRIM CHANDRAMOULESHWAR RAO
• Section: 234B; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMB ER ITA NO.460/HYD/2009: AS ST. YEAR: 2006-07 TRANSMISSION CORPORATION OF AP LTD., HYDERABAD. (PAN:AABCT 0088 P) VS DCIT, CIR-2(2), HYDERABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRIM. CHANDRAMOULESHWAR RAO RESPONDENT BY : SHRI V. SRINIVAS O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST O RDER OF CIT (A)-III, HYDERABAD AND IT PERTAINS TO THE ASSESSMENT YEARS 2006-07. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IS THAT THE LOWER AUTHORITIES ARE ERRED IN LEVYING INTEREST UNDER SECTIO N 234B & 234C OF THE ACT FOR FAILURE TO MAKE ADVANCE PAYMENT OF TAX OF MAT UNDER SECTION 115JB OF THE ACT. 3. AT THE TIME OF HEARING, BOTH THE PARTIES AGREED THAT THE POINT AT ISSUE IS SQUARELY COVERED AGAINST THE ASSESSEE BY T HE JUDGMENT ITA NO. 460/HYD/20 09 TRANSMISSION CORP ORATION OF AP LTD. ================ ====== 2 OF HONBLE SUPREME COURT IN THE CASE OF JCIT VS. ROLTA INDIA LIMITED REPORTED 330 ITR 470 WHEREIN IT WAS HELD THAT INTERE ST UNDER SECTION 234B IS PAYABLE ON FAILURE TO PAY ADVANCE-TAX IN RESPE CT OF TAX PAYABLE UNDER SECTION 115JA OF THE ACT. RESPECTFULLY FOLLOWING THE ABOVE JUDGMENT OF HONBLE SUPREME COURT, WE UPHOLD THE ACTI ON OF THE LOWER AUTHORITIES AND REJECT THE GROUNDS RAISED BY THE ASSESSEE. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2-8-2011. SD/- SD/- (G.C. GUPTA) (AKBER BASHA) VICE PRESIDENT. ACCOUNTANT MEMBER. DT/- 02-8-2011. COPY FORWARDED TO: 1. M/S TRANSMISSION CORPORATION OF AP LTD., VIDYUT SOUD HA, KHAIRATABAD, HYDERABAD. 2. 3. 4 5. JMR* DCIT, CIR-2(2), HYDERABAD. CIT (A)-III, HYDERABAD. CIT, AP, HYDERABAD. THE DR, ITAT, HYDERABAD. ITA NO. 460/HYD/20 09 TRANSMISSION CORP ORATION OF AP LTD. ================ ====== 3