Lease Plan India P.Ltd., New Delhi V. ITO, Ward-4(3), New Delhi

ITA 4712/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8775 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 20-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA No.4712 & 4713/Del/2017 Assessment Year: 2011-12 & 2012-13 Lease Plan India P. Ltd. C4C/332, Ground Floor, Janak Puri, New Delhi PAN No.AAACL6053B Vs ITO Ward- 4 (3) New Delhi (APPELLANT) (RESPONDENT) Appellant by Sh. Nikhil Gupta, Advocate Respondent by Sh. Sanjay Kumar, Sr. DR Date of hearing: 16/02/2022 Date of Pronouncement: 16/02/2022 ORDER PER N. K. BILLAIYA, AM: ITA No.4712/Del/2017 and 4713/Del/2017 are two separate appeals by the assessee preferred against the order of the CIT(A)-5, Delhi dated 03.05.2017 pertaining A.Y.2011-12 and 2012-13. 2 2. Since the first appellate authority has decided the captioned appeals by way of a consolidated order, both these appeal are disposed of by this common order for the sake of convenience. 3. The common grievance in the captioned appeals relates to the disallowances of guarantee commission on account of non- deduction of tax at source invoking provisions of section 40 (a) (ia) of the Act. The quantum may differ. 4. Briefly stated the facts of the case are that during the course of the scrutiny assessment proceedings the AO noticed that the assessee has made payment to Plan Corp. NV being reimbursement of guarantee charges on which no tax was deducted at source. 5. The AO was of the firm belief that the tax should have been deducted on the amount of reimbursement made u/s.195 of the Act. Invoking the provisions of section 40 (a) (ia) of the Act the AO made the disallowances of Rs.1,25,06,120/- in A.Y. 2011-12 and Rs.1,37,24,792/- in A.Y.2012-13. 6. Assessee carried the matter before the CIT(A) but without any success. 7. Before us the counsel for the assessee stated that similar disallowances were made in earlier assessment years where the 3 matter travelled up to the Tribunal and the Tribunal in ITA No.6461/Del/2015 and 6462/Del/2015 for A.Y.2009-10 and 2010-11 has decided the issues in favour of the assessee. 8. The DR fairly conceded to this. 9. We have carefully considered the orders of the authorities below. We have also perused the orders of this Tribunal (supra). An identical grievance was considered and decided by this Tribunal. The relevant findings read as under :- 4 5 6 7 8 10. On finding parity of facts, respectfully following the decision of this Tribunal (supra) we direct the AO to delete the impugned disallowances. 11. In the result, both the appeals filed by the assessee are accordingly allowed. 12. The order is pronounced in the open court on 16.02.2022 in the presence of both the rival representatives. Sd/- Sd/- (ASTHA CHANDRA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:- 16.02.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 9 Date of dictation 16.02.2022 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT 17.02.2022 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order