Appeal Details
Counselvise Citation
[2018] 121 COUNSELVISE.COM (IT) 7280 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 7 month(s) 24 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
02-05-2018
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Assessment Year
misc
Appeal Filed On
08-09-2014
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 5637/MUM/2014 (ASSESSMENT YEAR: 2007-08) LIC OF INDIA, BRANCH 90A 3RD FLOOR, UNITED INDIA BLDG. SIR P.M. ROAD, FORT, MUMBAI VS. T R O (TDS) - 2 MUMBAI PAN AAACL0582H APPELLANT RESPONDENT APPELLANT BY: SHRI MANI JAIN RESPONDENT BY: SHRI RAJESH KUMAR DATE OF HEARING: 25.04.2018 DATE OF PRONOUNCEMENT: 02.05.2018 O R D E R PER R.C. SHARMA, AM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) FOR A.Y. 2007-08 IN THE MATTER OF ORDER PASS ED UNDER SECTIONS 201(1)/201(1A) OF THE INCOME TAX ACT (HEREINAFTER THE ACT). 2. RIVAL CONTENTIONS HAS BEEN HEARD AND RECORD PERUSED . GROUND NOS. 1 & 2 ARE AGAINST THE ACTION OF THE CIT(A) IN RAISING THE DEMAND OF ` 30,48,950/- UNDER SECTION 201(1) ON ACCOUNT OF NON PAYMENT OF TDS DEDUCTED AND INTEREST OF ` 15,42,630/-. DURING THE COURSE OF APPELLATE PROCEEDINGS, COPIES OF THE RELEVANT CHALLANS WERE P LACED ON RECORD. ON PERUSAL OF THE CHALLANS, FOR WHICH THE APPELLANT HA S NOT RECEIVED CREDIT, IT WAS NOTED THAT THE TAN NO. MENTIONED ON THESE CHALL ANS IS MUML04715E, INSTEAD OF MUML04924D, WHICH IS THE ASSESSEES TAN NO. THE MISTAKE WAS POINTED OUT TO THE ASSESSEE, IN RESPONSE TO WHI CH, THE ASSESSEE HAS FILED CERTIFICATE OF INDIAN BANK, WHEREIN IT HAS BE EN STATED THAT THE AMOUNTS CORRESPONDING TO THE CHALLANS HAVE BEEN DEB ITED TO THE ASSESSEES ITA NO. 5637/MUM/2014 LIC OF INDIA, BRANCH 90 2 BANK ACCOUNT. THE ASSESSEE HAS THUS SOUGHT TO PRESS THE CIT(A) TO ASK THE AO TO GIVE CREDIT FOR THE SAID CHALLANS AS THERE IS AN APPARENT MISTAKE IN THE MENTIONING OF THE TAN NO. HOWEVER, THE AO DID NOT ACCEPT ASSESSEES CONTENTION AND RAISED DEMAND UNDER SECTION 201(1)/2 01(1A) OF THE ACT. BY THE IMPUGNED ORDER THE CIT(A) CONFIRMED THE ORDER O F THE AO. 3. THE LEARNED A.R. PLACED ON RECORD THE ORDER OF THE TRIBUNAL IN THE CASE OF JAIPUR BRANCH OF LIC OF INDIA DATED 08.09.2 015, WHEREIN UNDER SIMILAR FACTS AND CIRCUMSTANCES THE AO WAS DIRECTED TO GIVE CREDIT FOR THE TAX DEDUCTED AT SOURCE. THE ORDER OF THE TRIBUNAL I S EXTRACTED AS UNDER: - 5. WE HAVE HEARD LD. D/R AND PERUSED THE MATERIAL ON RECORD. NO ONE ATTENDED ON BEHALF OF THE ASSESSEE. IT IS NOTED THAT DEPARTMENT HAS NOT RAISED ANY CONTENTION IN RESPECT OF TDS OF RS. 4,24,700/- WHICH HAS BEEN DEPOSITED UNDER THE WRONG TAN. HOWEV ER, IN RESPECT OF RS. 5,02,000/- WHICH HAS BEEN DULY DEPOS ITED UNDER ASSESSEES OWN TAN, THE DEPARTMENT HAS RAISED A CON TENTION SAYING THAT THE SAME HAS BEEN DEPOSITED UNDER A WRONG SECT ION. SO THE ONLY LIMITED ISSUE BEFORE US IS HOW THIS CHALLAN SH OULD BE GIVEN CREDIT OF IN THE HANDS OF THE ASSESSEE AND WHETHER THE ACTION LIES WITH THE ASSESSEE OR WITH THE DEPARTMENT. IN ITS GR OUNDS OF APPEAL, DEPARTMENT SUBMITTED THAT THE ASSESSEE SHOULD HAVE FILED A CORRECTION STATEMENT TO RECTIFY THE WRONG SECTION W HICH HAS BEEN QUOTED IN THE CHALLAN AND IN ABSENCE OF THAT THE CR EDIT HAS NOT BEEN GIVEN TO THE ASSESSEE. IT SEEMS TO US THAT ONCE THE CHALLAN IS DEPOSITED WITH THE BANK, IT WOULD NOT BE POSSIBLE F OR ASSESSEE TO RETRIEVE THE SAME AND MAKE ANY CORRECTION. HOWEVER, AS FAR AS THE TDS RETURN IS CONCERNED, IF THERE IS ANY MISTAKE, S AME CAN BE RECTIFIED BY FILING THE CORRECTION STATEMENT. IT IS NOT UNDER DISPUTE THAT ASSESSEE HAS DEPOSITED THE TDS OF RS. 5,02,000 /- UNDER ITS OWN TAN. IN THE LIGHT OF ABOVE DISCUSSION, WE HEREB Y DIRECT THE REVENUE TO ALLOW THE DUE CREDIT OF SUCH TDS FOR RS. 5,02,000/- TO THE ASSESSEE AFTER VERIFICATION OF ORIGINAL CHALLAN. 4. WE HAVE CAREFULLY GONE THROUGH THE ORDER OF THE AUT HORITIES BELOW AS WELL AS THE ORDER OF THE TRIBUNAL WHEREIN UNDER SIM ILAR FACTS AND CIRCUMSTANCES AND AO WAS DIRECTED TO VERIFY THE ORI GINAL CHALLAN AND GIVE CREDIT FOR THE SAME. RESPECTFULLY FOLLOWING THE ORD ER OF THE TRIBUNAL, WE DIRECT THE AO TO VERIFY THE ORIGINAL CHALLAN FOR DE POSIT OF TDS AND DECIDE THE ISSUE AS PER THE DIRECTION GIVEN BY THE TRIBUNA L IN ITS ORDER DATED 08.09.2015. ITA NO. 5637/MUM/2014 LIC OF INDIA, BRANCH 90 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2018. SD/ - SD/ - (RAVISH SOOD) (R.C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 2 ND MAY, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -3, MUMBAI 4. THE CIT - (TDS), MUMBAI 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.
