DDIT (IT)-1(2), MUMBAI V. DELTA AIR LINES INC, MUMBAI

ITA 6275/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0992 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-07-2010
• Assessment Year: 1992-1993
• Appeal Filed On: 04-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND R.K.PAN DA, A.M. ITA. NO. 6275/MUM/2009 ASSESSMENT YEAR 1992-1993 ITA. NO. 6276/MUM/2009 ASSESSMENT YEAR 1993-1994 ITA. NO. 6277/MUM/2009 ASSESSMENT YEAR 1994-1995 ITA. NO. 6278/MUM/2009 ASSESSMENT YEAR 1995-1996 ITA. NO. 6279/MUM/2009 ASSESSMENT YEAR 1996-1997 ITA. NO. 6280/MUM/2009 ASSESSMENT YEAR 1997-1998 ITA. NO. 6281/MUM/2009 ASSESSMENT YEAR 1998-1999 DDIT (IT)-1 (2) MUMBAI 400 038 VS. M/S. DELTA AIR LINES INC MUMBAI 400 021. PAN AAACD-4092-N (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI JITENDRA YADAV (DR) FOR RESPONDENT : -NONE- ORDER PER BENCH 1. THESE APPEALS ARE FILED AT THE INSTANCE OF THE REVENUE. THE ONLY GROUND URGED IN ALL THESE APPEALS READS AS UND ER : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN HOLDING THAT INTEREST U/S. 234D OF THE I.T. ACT HAS NO RETROSPECTIVE APPLICATION WITHOUT APPREC IATING THAT THE PROVISIONS OF SECTION 234D ARE PROCEDURAL AND COMPE NSATORY IN NATURE AND AS SUCH CAN BE APPLIED TO PROCEEDINGS OF EARLIER ASSESSMENT YEARS PENDING AS ON 1-6-2003. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE HAV E HEARD THE LEARNED DR AND CAREFULLY PERUSED THE RECORD. 3. THE FACTS STATED BY THE CIT(A) ARE NOT IN DISPU TE. UNDER THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) FOLLOW ED THE DECISION OF THE ITAT, SPECIAL BENCH IN THE CASE OF EKTA PROMOTORS P VT. LTD. 305 ITR 1 (AT) (SB) TO HOLD THAT SECTION 234D, AS AMENDED W.E .F. 1-6-2003, CANNOT 2 BE APPLIED TO THE ASSESSMENT YEARS PRIOR TO 2004-20 05 AND THUS INTEREST UNDER SECTION 234D COULD NOT BE CHARGED IN THE CASE OF THE ASSESSEE. AS AGAINST THE DECISION OF THE SPECIAL BENCH OF THE IT AT LEARNED DR COULD NOT PLACE BEFORE US ANY CONTRADICTORY DECISION OF T HE HIGHER FORUM TO ENABLE US TO TAKE A DIFFERENT VIEW ON THE MATTER. U NDER THESE CIRCUMSTANCES, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE LEARNED CIT(A) AND THEREFORE, AS PRONOUNCED IN THE OPEN COURT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. SD/- SD/- (R.K. PANDA) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 28 TH JULY, 2010. VBP/- COPY TO 1. DEPUTY DIT (IT)-1 (2), ROOM NO. 119, SCINDIA HOU SE, 1 ST FLOOR, BALLARD ESTATE, N.M. ROAD, MUMBAI 400 038 2. M/S. DELTA AIR LINES INC., INTER GLOBE AIR TRANS PORT, BAJAJ BHAVAN, 12 TH FLOOR, NARIMAN POINT, MUMBAI 400 021. PAN AAACD-4092-N 3. CIT (A)-10, MUMBAI. 4. DIT (INTERNATIONAL TAXATION), MUMBAI. 5. D.R. D BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.