Shri Sanwar Mal Jain , Kolkata V. ITO, Ward - 4(2) , Kolkata

ITA 6/KOL/2019

• Counselvise Citation: [2020] 112 COUNSELVISE.COM (IT) 0173 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 01-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: HARSH VARDHAN BHARDWAJ; AMICUSCURAE
• Section: 234B

Judgement Text

1 ITA NO. 6/KOL/2019 SHRI SANWAR MAL JAIN., AY-2016 -17 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] I.T.A. NO. 6/KOL/2019 ASSESSMENT YEAR: 2016-17 SHRI SANWAR MAL JAIN (PAN: ACWPJ0399M) VS. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-41, NADIA APPELLANT RESPONDENT DATE OF HEARING 16.12.2019 DATE OF PRONOUNCEMENT 01.01.2020 FOR THE APPELLANT SHRI S.M. SURANA, ADV. & SRI HARSHVARDHAN BHARDWAJ,CA[AMICUS-CURAE] FOR THE RESPONDENT SHRI SUPRIYO PAL, JCIT, SR. DR ORDER PER SHRI A. T. VARKEY, JM THIS A PPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER O F LD. CIT(A)-19, KOLKATA DATED 13-09-2018 FOR ASSESSMENT YEARS 2016- 17. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS THAT DESPI TE HE IS A SENIOR CITIZEN AND SINCE SENIOR CITIZEN IS NOT LIABLE TO PAY ADVANCE T AX, STILL THE AO HAS LEVIED INTEREST U/S. 234B OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) WHICH IS AN ERRONEOUS ACTION. AT THE TIME OF HEARING, NON E APPEARED BEFORE US, HOWEVER ADV. SHRI S.M. SURANA & SHRI HARSHVARDHAN BHARDWAJ, FCA, ASSISTED AS AMICUS CURIAE AND SUBMITTED THAT IN THE RELEVANT AY, SR. C ITIZEN NEED NOT PAY ANY ADVANCE TAX. WE NOTE THAT THE ASSESSEE IS A SENIOR CITIZEN AND SINCE HE IS A SENIOR CITIZEN, HE IS NOT LIABLE TO PAY ADVANCE TAX IN THE AY UNDER CO NSIDERATION I.E. AY 2016-17SO, QUESTION OF LEVYING INTEREST U/S. 234B OF THE ACT D OES NOT ARISE. THEREFORE, WE DELETE THE ADDITION AND ALLOW THIS APPEAL OF ASSESS EE. 2 ITA NO. 6/KOL/2019 SHRI SANWAR MAL JAIN., AY-2016 -17 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED . ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 ST JANUARY, 2020. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :1ST JANUARY, 2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SHRI SANWAR MAL JAIN, 6 TH FLOOR, JAIN CHAMBER, 18, R. N. MUKHERJEE ROAD, DALHOUSIE SQUARE, KOLKATA-700 001. 2 RESPONDENT ITO, WARD-4(2), KOLKATA. 3. 4. 5. CIT(A)-19, KOLKATA (SENT THROUGH E-MAIL) CIT- , KOLKATA. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR