Cosyn Limited , Hyderabad V. Dy. Commissioner of Income Tax , TDS, Circle-1(1), Hyderabad

ITA 61/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3226 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 03-06-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 16-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PRAVEEN NAIR
• Keywords: Retrospective amendment; TDS
• Section: 13; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO S . 61 TO 65 /HYD/201 9 (ASSESSMENT YEAR S : 20 13 - 14 TO 2017 - 18 ) M/S. COSYN LIMITED, (FORMERLY CSS TECHNERGY LIMITED) HYDERABAD. PAN AABCC 3628G ..APPELLANT. VS. DY. COMMISSIONER OF INCOME TAX, TDS, CIRCLE 1(1), HYDERABAD. ..RESPONDENT. A PPELLANT BY : SHRI PRAVEEN NAIR. RESPONDENT BY : SHRI WASEEM UR REHMAN (D.R.) DATE OF HEARING : 3.6. 2021. DATE OF PRONOUNCEMENT : 11 .0 6 .2021. O R D E R PER BENCH : TH ESE ASSESSEES APPEAL S FOR AY S . 2013 - 14 TO 2017 - 18 ARISES FROM THE CIT(A) - 8, HYDERABADS COMMON ORDER DATED 12 - 10 - 2018 PASSED IN CASE NO. 10482, 10483, 10484, 10485 & 10486/CIT(A) - 8/HYD/2017 - 18 , INVOLVING PROCEEDINGS U/S.200A OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2 ITA NO S . 61 TO 65/HYD/2019 H EARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO THE SOLE SUBSTANTIVE ISSUE OF LATE FILE IN LEVY U/S.234E OF THE ACT PERTAINING TO AY S .2013 - 14 TO 2017 - 18 , IT IS NOT IN DISPUTE THAT THE LEARNED LOWER AUTHORITIES HAVE INVOKED SECTION 200A(1)(C) OF THE ACT INSERTED W.E.F. 01 - 06 - 2015. THE CLINCHING QUESTION AS TO WHETHER THE SAME APPLIES PROSPECTIVELY ONLY OR WITH RETROSPECTIVE EFFECT STANDS DECIDED IN ASSESSEES AND REVENUES FAVOUR IN FATHERAJ SINGHVI VS. UOI (2016) [289 CTR 602] (KARNATAKA) AN D RAJESH KOURANI VS. UOI [83 TAXMANN.COM 137 (GUJ); RESPECTIVELY. AND ALSO THAT WITH NO GUIDANCE HAS COME FROM HONBLE JURISDICTIONAL HIGH COURT. WE THUS ADOPT THE VIEW FAVOURING THE ASSESSEE IN THE GIVEN FACTS AND CIRCUMSTANCES AND DIRECT THE ASSESSING OF FICER TO DELETE THE IMPUGNED LATE FILING FEE IN ALL THE ASSESSMENT YEARS UNDER CONSIDERATION. 3. THIS ASSESSEES APPEAL S ARE ALLOWED IN ABOVE TERMS. O RDER PRONOUNCED IN THE OPEN COURT ON 11TH JUNE , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 11 .0 6 .2021. * REDDY GP 3 ITA NO S . 61 TO 65/HYD/2019 COPY TO : 1. M/S. COSYN LIMITED, H.NO.6 - 1 - 85/10, OPP. TELEPHONE BHAVAN, SAIFABAD, HYDERABAD . 2. DCIT, TDS, CIRCLE 1(1), HYDERABAD. 3. C I T (TDS) , HYDERABAD. 4. CIT(APPEALS) - 8, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.