Appeal details
Counselvise Citation
[2018] 119 COUNSELVISE.COM (IT) 0859 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 year(s) 2 month(s) 24 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-11-2018
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
15-06-2015
Assessment Year
1997-1998
Appeal Filed On
19-08-2013
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 5511 /MUM/20 1 3 (ASSESSMENT YEAR 1997 - 98 ) NAYAN BUILDERS AND DEVELOPERS PVT. LIMITED VIRCHAND K. KORANI SHAMROCK BUILDING 2 ND FLOOR, PLOT NO. 308 S.K. BOLE ROAD OPP. DSILVA SCHOOL DADAR(W), MUMBAI - 400 028. PAN : AAACN1198H VS. ITO 7(1)(1) AAYAKAR BHAVAN 6 TH FLOOR ROOM NO. 621 M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI ABDUL KHAIRAT DEPARTMENT BY SHRI D.G. PANSARI DATE OF HEARING 13 . 1 1 . 201 8 DATE OF PRONOUNCEMENT 13 . 1 1 . 201 8 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 16.5.2013 PASSED BY THE LEARNED CIT(A) - 13, MUMBAI AND IT RELATES TO A.Y. 1997 - 98. GROUNDS OF APPEA L FILED BY THE ASSESSEE RELATE TO INTEREST CHARGED U/S. 234A, 234B AND 220(2) OF THE ACT. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. GRIEVANCE OF THE ASSESSEE IS THAT THERE IS COMPUTATIONAL ERROR IN CAL CULATION OF INTEREST CHARGED U/S. 234A, 234B AND 220(2) OF THE ACT. THE PERSON APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS PAID A SUM OF RS 9,75,000/ - IN AGGREGATE SINCE JANUARY, 2013 ONWARDS AND THE CREDIT FOR THE SAME HAS NOT BEEN GIVEN. ACCORDINGLY, THE LEARNED AR PRAYED THAT THE MATTER MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR COMPUTING INTEREST UNDER ABOVE SAID SECTIONS AFRESH BY DULY CONSIDERING THE TAX OF RS 9,75,000/ - PAID BY THE ASSESSEE. NAYAN BUILDERS AND DEVELOPERS PVT. LIMITED 2 3. LEARNED DR DID NO T OBJECT TO THE PLEA PUT FORTH BY THE ASSESSEE. 4. HAVING REGARD TO THE SUBMISSIONS, WE RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINING THE CLAIM OF THE ASSESSEE AFRESH BY DULY CONSIDERING THE TAX PAYMENT MADE BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 13 . 1 1 .201 8 . SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCO UNTANT MEMBER MUMBAI ; DATED : 13 / 1 1 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY/ / ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI
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