NADIADWALA ENTERTAINMENT & TECHNOLOGIES LTD, MUMBAI V. CIT 14, MUMBAI

ITA 6293/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7953 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 21-03-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 10-10-2014
• Court: TRIBUNAL
• Department Lawyers: MRS JYOTILAKSHMI NAYAK

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI RAVISH SOOD (JM) I.T.A. NO. 6293 /MUM/ 2014 (ASSESSMENT YEAR 20 11 - 12 ) NADIADWALA ENTERTAINMENT & TECHNOLOGIES LIMITED BARKAT, PLOT NO. 20 GULMOHAR, CROSS ROAD NO.5, JVPD MUMBAI - 400 049. VS. ITO TDS 2(4) 8 TH FLOOR CHARNI ROAD MUMBAI. ( APPELLANT ) ( RESPONDENT ) PAN NO . AACCN0187E ASSESSEE BY NONE DEPARTMENT BY MRS. JYOTILAKSHMI NAYAK DATE OF HEARING 21 .3 . 201 7 DATE OF PRONOUNCEMENT 21 .3 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 8.7.2014 PASSED BY THE LEARNED CIT(A) - 14, MUMBAI AND IT RELATES TO A.Y. 2011 - 12. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH NOTICE OF HEAR ING WAS SENT BY REGISTERED POST TO THE ASSESSEE. HENCE, WE PROCEED TO DISPOSE OF THE APPEAL EX - PARTE, WITHOUT PRESENCE OF THE ASSESSEE. 3. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. WE NOTICED THAT THE ASSESSING OFFICER LEVI ED INTEREST U/S. 201(1A) OF THE ACT ON SHORT DEDUCTION OF TAX AND ALSO FOR BELATED PAYMENT OF TAX DEDUCTED AT SOURCE. THE ASSESSEE CHALLENGED THE SAME BEFORE THE LEARNED CIT(A) AND THE FIRST APPELLATE AUTHORITY CONFIRMED THE ORDER PASSED BY THE ASSESSING OFFICER BY FOLLOWING THE DECISION RENDERED BY HON'BLE BOMBAY HIGH COURT IN THE CASE OF BENETT COLEMAN (157 ITR 812), WHEREIN IT WAS HELD THAT LEVY OF INTEREST IS NADIADWALA ENTERT AINMENT & TECHNOLOGIES LIMITED 2 COMPENSATORY IN NATURE. ACCORDINGLY, HE DISMISSED THE APPEAL OF THE ASSESSEE. AGGRIEVED BY T HE ORDER PASSED BY THE LEARNED CIT(A), THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. 4. WE NOTICED THAT THE LEARNED CIT(A) HAS PASSED THE ORDER BY FOLLOWING THE DECISION OF HON'BLE JURISDICTIONAL HIGH COURT REFERRED SUPRA. BEFORE US, THE ASSESSEE HAS NO T FILED ANY MATERIAL TO CONTRADICT THE FINDINGS GIVEN BY THE LEARNED CIT(A). HENCE, WE DO NOT HAVE ANY OTHER OPTION BUT TO CONFIRM THE ORDER PASSED BY THE LEARNED CIT(A). 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE EN PR ONOUNCED IN THE COURT ON 21 .3. 201 7. SD/ - SD/ - (RAVISH SOOD ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 21 / 3 / 20 1 7 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) PS ITAT, MUMBAI