ITO, Palakkad V. M/s.Professional Couriers, Palakkad

ITA 665/COCH/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61557 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-07-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 13-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S PRADUMNA KUMAR SINGH
• Assessee Lawyers: VANDANA

Judgement Text

1 ITA NO.665/COCH/2010 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) I.T.A NO. 665/COCH/2010 (ASSESSMENT YEAR 2007-08) ITO, WD.1 VS M/ PROFESSIONAL COURIERS PALAKKAD RANGE CHANDRA NAGAR, PALAKKAD PALAKKAD. PAN : AACFD4734B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S PRADUMNA KUMAR SINGH RESPONDENT BY : SMT. VANDANA DATE OF HEARING : 25-07-2012 DATE OF PRONOUNCEMENT : 25-07-2012 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX(A)-V, KOCHI DATED 24-09-2010 FOR THE ASS ESSMENT YEAR 2007-08. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DISAL LOWANCE OF RS.21,35,000 ON THE GROUND THAT THE TAX DEDUCTED AT SOURCE WAS NOT PAID WITHIN THE DUE DATE. 3. SHRI PRADUMNA KUMAR SINGH, THE LD.DR SUBMITTED T HAT IN RESPECT OF TWO PARTIES, ON PAYMENT OF COMMISSION THE ASSESSEE DEDUCTED TAX ON THE LAST DAY OF ACCOUNTING YEAR AND IT WAS DEPOSITED AFTER EXPIRY OF THE TIME LIMIT . THEREFORE, THE ASSESSING OFFICER DISALLOWED THE CLAIM OF THE ASSESSEE. ON A QUERY F ROM THE BENCH, WHEN THE TAX WAS ACTUALLY PAID, THE LD.DR SUBMITTED THAT THE TAX WAS ACTUALLY PAID ON 31-03-2007 AND 11- 05-2007. WE HEARD SMT. VANDANA, THE LD.COUNSEL FOR THE ASSESSEE ALSO. 2 ITA NO.665/COCH/2010 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE RECORDS. IT IS NOT A CASE OF NON DEDUCTION OF TAX. ADMITTEDLY, THE TAX WAS DEDUCTED AND IT WAS PAID ON 11-05-2007 AND 31-03-2007. THE TIME LIMIT ALLOWED FOR PAYMENT OF TAX DEDUCTED AT SOURCE IS TWO MONTHS. FROM THE ORDER O F COMMISSIONER OF INCOME-TAX(A) IT APPEARS THAT THE ASSESSING OFFICER HIMSELF HAS ADMI TTED BY A LETTER DATED 23-09-2010 THAT THE ASSESSEE DEPOSITED THE TAX DEDUCTED AT SOU RCE ON 11-05-2007 AND 31-03-2007. THEREFORE, IT IS NOT THE CASE OF THE REVENUE THAT T HE TAX WAS NOT DEDUCTED OR THE TAX DEDUCTED WAS NOT PAID AT ALL. THE TAX DEDUCTED AT SOURCE BY THE ASSESSEE WAS ADMITTEDLY DEPOSITED IN THE GOVERNMENT ACCOUNT, THO UGH BELATEDLY. THEREFORE, EVEN ASSUMING FOR ARGUMENT SAKE THAT THERE WAS A LITTLE DELAY, THEN, AT THE BEST, IT IS OPEN TO THE REVENUE TO CHARGE INTEREST ON SUCH DELAYED PAYM ENT. THEREFORE, THE DISALLOWANCE OF RS.21,35,000 IS NOT JUSTIFIED. IN THESE FACTUAL CIRCUMSTANCES, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LOWER AUTHORITY. ACC ORDINGLY THE SAME CONFIRMED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH JULY 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 25 TH JULY, 2012 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE COMMISSIONER OF INCOME-TAX 4. THE COMMISSIONER OF INCOME-TAX(A) 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH