Maruti Suzuki India Ltd., New Delhi V. DCIT, New Delhi

ITA 5236/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59015 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 22-03-2012
• Assessment Year: 1999-2000
• Appeal Filed On: 25-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S RENU JOUHRI
• Assessee Lawyers: ROHIT JAIN
• Keywords: Opportunity of being heard
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E NEW DELHI. BEFORE SHRI I.P. BANSAL AND XDSHRI K.G. BANSAL I.T.A. NO.5236(DEL)/2011 ASSESSMENT YEAR: 1999-00 MARUTI SUZUKI INDIA LTD., DEPUTY COMMISSIONER OF PLOT NO. 1, NELSON MANDELA ROAD, VS. INCOME -TAX, CIRCLE 6(1), VASANT KUNJ, NEW DELHI-70. NEW DELHI. PAN: AAACM0829Q (APPLICANT) (RESPONDENT) APPELLANT BY : SHRI AJAY VOHRA, ADVOCATE & SHRI ROHIT JAIN, C.A. RESPONDENT BY : MR S. RENU JOUHRI, CIT, DR DATE OF HEARIN G: 22.03.2012 DATE OF PRONOUN CEMENT: 30.03.2012. ORDER PER K.G. BANSAL : A.M ALTHOUGH THE ASSESSEE HAS TAKEN UP A NUMBER OF GROUNDS IN THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE EXPLAINE D TO US THAT ONLY GROUND NO. 2.1 IS MATERIAL. THIS GROUND IS TO THE EFFECT T HAT THE LD. CIT(APPEALS) ERRED IN NOT DIRECTING THE AO TO GRANT INTEREST U/S 244A ON THE AMOUNT OF REFUND OF RS. 14,59,79,228/-, BEING THE EXCESS T AXES PAID OVER THE TAX LIABILITY. IT IS ALSO FAIRLY SUBMITTED THAT A LTHOUGH GROUNDS WERE TAKEN BEFORE THE LD. CIT(APPEALS) IN THIS BEHALF, HE HAS NOT DECIDED THESE GROUNDS. THEREFORE, IT IS REQUESTED THAT THE MAT TER MAY BE RESTORED TO HIS ITA NO. 5236(DEL)/2011 2 FILE FOR DECIDING THE RELEVANT GROUNDS. THE LD. C IT, DR HAD NO OBJECTION TO RESTORING THE MATTER TO THE FILE OF THE LD. CIT(AP PEALS). 2. AFTER CONSIDERING THE RIVAL SUBMISSIONS, AND IN VIEW OF THEIR COMMON STAND IN THE MATTER, THE GROUND REGARDING GRANT OF INTEREST U/S 244A IS RESTORED TO THE FILE OF THE LD. CIT(A) F OR APPROPRIATE DECISION AS PER LAW AFTER GRANTING A REASONABLE OPPORTUNITY OF BEING HEARD TO BOTH THE PARTIES. THE ASSESSEE IS ALSO DIRECTED TO APPEAR BEFORE THE LD. CIT(APPEALS) ON 09.05.2012, WHETHER OR NOT IT RECEIVES A NOT ICE FROM HIM. 3. IN THE RESULT, THE APPEAL IS TREATED AS ALLOWE D FOR STATISTICAL PURPOSES. SD/- SD/- (I.P. BANSAL) (K.G. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER SP SATIA COPY OF THE ORDER FORWARDED TO:- MARUTI SUZUKI INDIA LTD., NEW DELHI. DCIT, CIRCLE 6(1), NEW DELHI. CIT(A) CIT, THE D.R., ITAT, NEW DELHI. ASSISTANT REGISTRAR.