M/s. Art Global Pvt. Ltd., Delhi V. DCIT, New Delhi

ITA 5067/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6643 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 3
• Next Hearing Date: 14-09-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 10-08-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 153A; 147; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B , NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. T.S. KAPOOR , ACCOUNTANT MEMBER ITA NO .5065 /DE L/ 2015 ASSESSMENT YEAR: 2009 - 10 AND ITA NO. 5066/DEL/2015 ASSESSMENT YEAR: 2010 - 11 AND ITA NO.5067/DEL/2015 ASSESSMENT YEAR: 2011 - 12 M/S. ART GLOBAL PVT. LTD., (FORMERLY KNOWN AS JAI GOPAL JI TRADELINKS PVT. LTD.) R - 6, MAIN MARKET, FIRST FLOOR, SHAKARPUR, DELHI VS. DCIT, CENTRAL CIRCLE - 28, NEW DELHI PAN : AACCJ0913E ( APPELLANT ) (RESPONDENT) ORDER PER T.S. KAPOOR , A. M. : THESE THREE APPEALS FOR ASSESSMENT YEARS 2009 - 10, 2010 - 11 AND 2011 - 12 HAVE BEEN FILED BY THE ASSESSEE AGAINST COMMON ORDER OF LEARNED CIT(A), DATED 12.06.2015. SINCE COMMON GROUNDS HAVE BEEN TAKEN IN THESE APPEALS, THESE WERE HEARD ASSESSEE BY SH. PIYUSH KUMAR KAMAL, ADV. DEPARTMENT BY SH. VIJAY KUMAR JIWANI, SR.DR DATE OF HEARING 19.07.2018 DATE OF PRONOUNCEMENT 19.07.2018 2 ITA NOS.5065/DEL/2015; 5066/DEL/2015 & 5067/DEL/2015 TOGETHER AND, THEREFORE, FOR THE SAKE OF CONVENIENCE, COMMON AND CONSOLIDATED ORDER IS BEING PASSED. 2. AT THE OUTSET, THE LEARNED AUTHORIZED REPRESENTATIVE INVITED OUR ATTENTION TO THE FACT THAT THE ISSUE INVOLVED IN THESE APPEALS REGARDING CHARGING OF INTEREST UNDER SECTION 234 B(1) OF THE INCOME - TAX ACT, 1961 (FOR SHORT THE ACT ) , WHERE AS THE ASSESSING OFFICER HAS CHARGED INTEREST U NDER SECTION 234B(3) OF THE ACT. IT WAS SUBMITTED THAT THE ISSUE HAS ALREADY BEEN DECIDED IN THE CASE OF M/S. BNG TRADELINKS P. LTD. VS. DY. CIT, IN ITA NO.5063 /DEL/2015, VIDE ORDER DATED 27.04.2018 AND IN THE PRESENT APPEALS THE SAME CAN BE FOLLOWED. 3. THE LEARNED DR SUPPORTED THE CONTENTIONS OF THE LEARNED AR. 4. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE THROUGH THE MATERIAL ON RECORD. WE FIN D THAT THE HON BLE TRIBUNAL , VIDE ORDER DATED 27.04.2018 IN ITA 5063/DEL/2015 , HAS ALREADY DECIDED THE ISSUE AGAINST THE ASSESSEE. THE RELEVANT FINDING S OF THE HON BLE TRIBUNAL ARE REPRODUCED AS UNDER: 5. WE HAVE GONE THROUGH THE RECORD IN THE LIGHT OF TH E SUBMISSIONS ON EITHER SIDE. INSOFAR AS FACTS ARE CONCERNED, ABSOLUTELY, THERE IS NO DISPUTE. SUBSEQUENT TO THE SEARCH OPERATIONS, THE ASSESSEE AND THE GROUP CONCERNS FILED AN APPLICATION BEFORE THE ITSC U/S 245D(1) ON 16.11.2011 AND THE ITSC PASSED AN OR DER IN ALL THE GROUP CONCERN CASES U/S 245D(4) ON 25.9.2013. DEPARTMENT GAVE EFFECT TO THE SAID ORDER OF THE ITSC BY PASSING ORDER DATED 2.7.2013 WHERE UNDER THE INTEREST WAS LEVIED U/S 234B(1). ASSESSEE SOUGHT RECTIFICATION OF THE SAME BY APPLICATION U/S 154 OF THE ACT AND IT WAS REJECTED. 6. THERE IS NO DISPUTE THAT THERE WAS NO ORDER PASSED U/S 147 OR 153A/153C OF THE ACT. ASSESSEE FAILED TO 3 ITA NOS.5065/DEL/2015; 5066/DEL/2015 & 5067/DEL/2015 DEMONSTRATE BEFORE US THAT THE LEARNED CIT(A) COMMITTED ANY ERROR IN HIS OBSERVATION THAT IN ALL THE DECISIONS RELIED UPON BY THE ASSESSEE THERE WAS RE - ASSESSMENT FRAMED U/S 147 OR 153A OF THE ACT AND NOT U/S 245 OF THE ACT. SO ALSO IT IS NOT THE CONTENTIO N OF THE ASSESSEE THAT IN OMAXE AUTO CASE(SUPRA), THE ASSESSEE HAD COMPUTED THE INTEREST U/S 234B(3) OF THE ACT AND 234B(1) OF THE ACT. FURTHER THE CHARGEABILITY OF INTEREST U/S 234B(1) OF 234B(3) HAD NOT CROPPED UP FOR CONSIDERATION OF THE HON'BLE APEX CO URT IN THE CASE OF BRIJ LAI (SUPRA). IT, THEREFORE, GOES WITHOUT SAYING THAT LEARNED CIT(A) WAS PERFECTLY RIGHT IN OBSERVING THAT THE HON'BLE APEX COURT HAD NOT ALTERED THE PRINCIPLE LAID DOWN IN THE CASE OF HINDUSTAN BULK CARRIER (SUPRA) AND HE HAD RIGHTL Y FOLLOWED THE SAME. WE, THEREFORE, DO NOT FIND ANY ILLEGALITY OR IRREGULARITY IN THE ORDERS OF THE ID. CIT(A). THE GROUND OF APPEAL, THEREFORE, FAIL AND THE APPEAL IS LIABLE TO BE DISMISSED. THE APPEAL IS ACCORDINGLY DISMISSED. 5 . RESPECTFULLY FOLLOWING THE FINDINGS IN THE CASE OF M/S. BNG TRADELINKS P. LTD.(SUPRA), WE ALSO DECID E THE APPEALS AGAINST THE ASSESSEE AND DISMISS ALL THE THREE APPEALS FILED BY THE ASSESSEE. 6 . IN THE RESULT, ALL THE THREE APPEAL OF THE ASSESSEE ARE DISMISSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 1 9 T H JULY , 201 8 . S D / - S D / - ( H.S. SIDH U ) ( T.S. KAPOOR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 9 T H JULY , 201 8 . RK / - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI