UNITED INDIA INSURANCE CO.LTD, MUMBAI V. ACIT TDS RG 3, MUMBAI

ITA 509/MUM/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3456 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 26-02-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 22-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BISTDR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.509/MUM/2015 ASSESSMENT YEAR-2007-08 M/S UNITED INDIA INSURANCE CO. LTD. BRANCH OFFICE (DO-10), 4 TH FLOOR, STADIUM HOUSE, VEER NARIMAN ROAD, MUMBAI-400020 / VS. ADDL. CIT (TDS), RANGE-3, MUMBAI PAN NO. AAACU5552C ( / APPELLANT) ( / RESPONDENT) / ASSESSEE BY SHRI C.V. JAIN ! ' / REVENUE BY SHRI B.S. BIST-DR # '$ % & / DATE OF HEARING : 18/03/2016 % & / DATE OF ORDER: 18/03/2016 ITA NO.509/MUM/2015 M/S UNITED INDIA INSURANCE CO. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 03/11/2014 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI UPHOLDING IMPOSITION OF PENALTY OF RS.2,17,5 45/-, LEVIED U/S 271C OF THE INCOME TAX ACT, 1961 (HEREIN AFTER THE ACT) WITHOUT APPRECIATING THE FACTS AS NO TAX W AS REQUIRED TO BE DEDUCTED ON REIMBURSEMENT OF ADMINISTRATIVE COST AND THUS THERE WAS NO BREACH OF PENALTY PROVISIONS. 2. DURING HEARING ON 11/03/2016, THE LD. COUNSEL FOR THE ASSESSEE, SHRI C.V. JAIN, CLAIMED THAT TAX WAS PAID. THE LD. DR CONTENDED THAT NO PROOF OF PAYMENT HAS B EEN PRODUCED BY THE ASSESSEE. THE BENCH DIRECTED THE AS SESSEE TO PRODUCE THE PROOF OF PAYMENT. 2.1. WE HAVE HEARD THE ASSESSEE AS WELL AS THE LD. DR. TODAY, I.E. 18/03/2016, THE LD. COUNSEL FOR THE ASSESSEE, PRODUCED COPY OF CHALLAN NO.281 (DEBIT AC COUNT NO.00600350057079), FOR A.Y.2007-08, ISSUED BY HDF C BANK, AS PER WHICH, AN AMOUNT OF RS.3,45,897/- WAS RECEIVED FROM UNITED INDIA INSURANCE (THE PRESENT A SSESSEE) ON 21/04/2011. COPY OF THIS CHALLAN WAS ALSO GIVEN TO THE LD. DR. THE LD. COUNSEL FOR THE ASSESSEE ALSO PROD UCED COPY OF NOTE TO DGM FOR APPROVAL DATED 07/04/2011. AS PE R THE NOTE, APPROVAL WAS GRANTED BY THE CHIEF MANAGER WIT H ITA NO.509/MUM/2015 M/S UNITED INDIA INSURANCE CO. LTD. 3 RESPECT TO DEMAND NOTICE ALONG WITH INTEREST. THE LD. DR HAS NOT CONTROVERTED THE CLAIM OF THE ASSESSEE WITH RESPECT TO PAYMENT. THE CLAIM OF THE ASSESSEE IS THAT THE A MOUNT OF RS.2,17,545/- ALONG WITH INTEREST OF RS.1,28,352/- TOWARDS INTEREST ON TDS AMOUNT (TOTAL RS.3,45,897/-) HAS AL READY BEEN PAID. SINCE, THE PAYMENT HAS ALREADY BEEN MAD E BY THE ASSESSEE, THEREFORE, THERE IS NO LOSS TO THE RE VENUE. HOWEVER, AS AN ABUNDANT CAUTION, THE ASSESSING OFFI CER IS DIRECTED TO EXAMINE THE GENUINENESS OF PAYMENT MADE BY THE ASSESSEE. SUBJECT TO THIS CONDITION, THE APPEAL OF THE ASSESSEE IS ALLOWED. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 18/03/2016. SD/- SD/- (RAJESH KUMAR) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER # $ MUMBAI; ) DATED : 18/03/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT (RESPECTIVE ASSESSEE) 2. / THE RESPONDENT. ITA NO.509/MUM/2015 M/S UNITED INDIA INSURANCE CO. LTD. 4 3. + + # , ( ) / THE CIT, MUMBAI. 4. + + # , / CIT(A)- , MUMBAI, 5. /'01 2 , + & 23 , # $ / DR, ITAT, MUMBAI 6. 14 $ / GUARD FILE. / BY ORDER, / //TRUE COPY// / (DY./ASSTT. REGISTRAR) , # $ / ITAT, MUMBAI