ACIT TDS, Noida V. M/s Jaypee Infratech Ltd., Noida

ITA 5449/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2183 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 04-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANCHAL KHANDELWAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH , JUDICIAL MEMBER ITA NO. 5449 /DEL/201 5 [ASSESSMENT YEAR: 20 1 4 - 15 ] THE A . C . I . T, VS. JAYPEE INFRATECH LTD. TDS, NOIDA SECTOR 12B, NOIDA PAN : AA BCJ 9042 R [APPELLANT] [RESPONDENT] DATE OF HEARING : 30 . 0 8 .201 8 DATE OF PRONOUNCEMENT : 3 1 .0 8 .2018 ASSESSEE BY : SHRI A SHWANI KUMAR GARG, ADV REVENUE BY : SMT. ANCHAL KHANDELWAL , SR. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] - 1 , NOIDA DATED 14 . 0 5 .201 5 , PERTAINING TO ASSESSMENT YEAR 20 1 4 - 1 5 . 2 2. T HE SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE DEMAND ON ACCOUNT OF PAYMENT OF INTEREST ON DEFERRED PAYMENT OF EDC LEASE PREMIUM U/S 194A OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT] IGNORING THE FACT THAT THE PAYMENT MADE BY THE ASSESSEE TO YEIDA UNDER THE HEAD INTEREST CANNOT BE MERELY NOMENCLATURE OF EDC OWING TO THE FACT THAT THESE ARE UNIFORMLY AND PERIODICALLY MADE PAYMENTS. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE POINTED OUT THAT AN IDENTICAL ISSUE WAS CONSIDERED BY THE CO - ORDINATE BENCH WHILE DECIDING APPEAL FOR ASSESSMENT YEAR S 20 12 - 13 & 2013 - 14 IN ASSESS EE S OWN CASE AND HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE . 4. THE LD. DR COULD NOT BRING ANY DISTINGUISHING DECISION IN FAVOUR OF THE REVENUE. 5. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE AUTHORITIES BELOW. WE FIND FOR CE IN THE CONTENTION OF THE LD. AR. THE CO - ORDINATE BENCH 3 WAS SEIZED WITH A SIMILAR ISSUE IN ASSESSMENT YEARS 2012 - 13 & 2013 - 14. THE RELEVANT FINDING OF THE CO - ORDINATE BENCH IS AS UNDER: 19. THE LD. DR COULD NOT SHOW ANY OTHER CONTRARY DECISION. IN THE ABOVE DECISION, THE HON'BLE ALLAHABAD HIGH COURT WHILE DECIDING THE ISSUE ON PAYMENT OF INTEREST TO NOIDA HAS HELD THAT THE AUTHORITIES CONSTITUTED BY THE STATE ACT ARE ENTITLED TO EXEMPTION OF PAYMENT OF TAX AT SOURCE U/S 194A OF THE ACT. SIMILARLY, IN THE CASE OF THE ASSESSEE A STATE ACT ALSO CONSTITUTED THE RECIPIENT. IN THE RESULT, GROUND NO. 2 OF THE APPEAL OF THE REVENUE IS DISMISSED. 6. RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO - ORDINATE BENCH, WE DECLINE TO INTERFE RE. GROUND NO. 1 RAISED BY THE REVENUE STANDS DISMISSED. 7 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IN ITA NO. 5449 /DEL/201 5 IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 31 . 0 8 .2018. S D / - S D / - [ KULDIP SINGH ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 1 S T AUGUST , 2018 4 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION 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 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER