Appeal details
Counselvise Citation
[2018] 126 COUNSELVISE.COM (IT) 3119 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 3 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
28-02-2018
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
29-03-2017
Assessment Year
2008-2009
Appeal Filed On
02-11-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.5947/DEL/2015 ASSESSMENT YEAR : 2008-09 STAY APPLICATION NO.547/DEL/2015 (ITA NO.5947/DEL/2015) ASSESSMENT YEAR : 2008-09 UNION BANK OF INDIA, UNIT NO.416, 4 TH FLOOR, WORLD TRADE CENTRE, NEW DELHI. PAN: AAACU0564G VS. ADDL.CIT (TDS), A-2D, SECTOR-24, NOIDA. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : MS RACHNA SINGH, CIT, DR DATE OF HEARING : 27.02.2018 DATE OF PRONOUNCEMENT : 28.02.2018 ITA NO.5947/DEL/2015 SA NO.547/DEL/2015 2 ORDER PER R.S. SYAL, VP: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER PASSED BY THE CIT(A) ON 16.10.2015 IN RELATION TO THE ASSE SSMENT YEAR 2008-09. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST TREATING THE ASSESSEE AS IN DEFAULT IN TERMS OF SECTION 201(1) AND 201(1A) O F THE ACT. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIAL ON RECORD. THERE IS NO APPEARANCE ON THE SIDE OF THE ASSESSEE DESPITE NOTICE. WE ARE THEREFORE, PROCEEDING TO DISPOSE OFF THIS AP PEAL EX PARTE QUA THE ASSESSEE. 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT A TDS SURVEY WAS CONDUCTED AT THE BRAHMAPUTRA COMPLEX, SECTOR 29, NO IDA BRANCH OF THE UNION BANK OF INDIA FOR VERIFYING PROPER DEDUCTION OF TAX AT SOURCE. IT TRANSPIRED DURING THE COURSE OF SURVEY THAT THE BAN K WAS NOT DEDUCTING TAX AT SOURCE ON PAYMENT OF INTEREST ON FDRS TO NEW OKH LA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA). IT WAS HELD THAT TH E PROVISIONS OF SECTION 194A WERE ATTRACTED. THAT IS HOW, THE ASSE SSEE WAS TREATED AS ASSESSEE IN DEFAULT U/S 201(1) AND 201(1A) OF THE A CT FOR A TOTAL AMOUNT OF ITA NO.5947/DEL/2015 SA NO.547/DEL/2015 3 RS.3,01,69,838/-. THE LD. CIT(A) DID NOT ALLOW ANY RELIEF TO THE ASSESSEE. THE ASSESSEE HAS COME UP IN APPEAL BEFORE THE TRIBU NAL. 5. IT IS NOTICED THAT EXACTLY SIMILAR ISSUE WAS HEA RD BY THE DELHI BENCH OF THE TRIBUNAL IN A BATCH OF APPEALS WITH ITA NOS. 1360 & 1361/DEL/2014, ETC., COVERING CANARA BANK, UCO BANK, PUNJAB & SIND H BANK, ETC. ALL THE BANKS IN THE ABOVE BATCH OF APPEALS MADE PAYMENTS O F INTEREST TO NOIDA WITHOUT ANY DEDUCTION OF TAX AT SOURCE. VIDE A COM MON ORDER DATED 07.08.2015, THE TRIBUNAL HAS HELD ON MERITS THAT PA YMENT OF INTEREST BY THE BANKS TO NOIDA DID NOT REQUIRE ANY TAX WITHHOLDING AS THE SAME WAS COVERED U/S 194(3)(III)(F). RESULTANTLY, THE ORDE RS PASSED U/S 201(1) AND 201(1A) READ WITH SECTION 194A WERE SET ASIDE. A C OPY OF SUCH ORDER IS AVAILABLE ON THE RECORD. SINCE THE FACTS AND CIRCUM STANCES OF THE INSTANT APPEAL ARE, ADMITTEDLY, SIMILAR TO THOSE CONSIDERED AND DECIDED BY THE TRIBUNAL IN THE ABOVE REFERRED BATCH OF APPEALS, FO LLOWING THE PRECEDENT, WE SET ASIDE THE IMPUGNED ORDER AND, CANCEL THE DEM AND CREATED BY TREATING THE ASSESSEE AS IN DEFAULT U/S 201(1) AND 201(1A) O F THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ITA NO.5947/DEL/2015 SA NO.547/DEL/2015 4 7. IN VIEW OF THE FACT THAT WE HAVE DISPOSED OFF TH E ASSESSEES APPEAL, THE STAY APPLICATION HAS BECOME INFRUCTUOUS. THE SAME IS, THEREFORE, DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 28.02.201 8. SD/- SD/- [SUCHITRA KAMBLE] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 28 TH FEBRUARY, 2018. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.
