M/s. Sports & Cultural Club, Noida V. ACIT, Noida

ITA 6902/DEL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6929 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 3
• Next Hearing Date: 24-08-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 22-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMRIT LAL
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 3 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 6902 /DEL/201 4 AY: 20 08 - 09 & ITA NO.690 3 /DEL/2014 AY: 2008 - 09 SPORTS & CULTURAL CLUB VS. ACIT, NOIDA RANGE 225 A, SECTOR 15A NOIDA NOIDA PAN: AAAJS 0280 J (APPELLANT) (RESPONDENT) APPELLANT BY : NONE . RESPONDENT BY : SH. AMRIT LAL, SR.D.R. O R D E R BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD.CIT(A), NOIDA DATED 24.9.2014 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 2008 - 09. 1.1. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUAL OF NOTICE THROUGH R.P.A.D. THERE IS NO APPLICATION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES I DISPOSE OF THE CASE EX PARTE QUA THE ASSESSEE ON MERITS AFTER HEARING THE LD.SR.D.R. 1.2. HEARD SHRI AMRIT LAL, LD.SR.D.R. ON BEHALF OF THE REVENUE. 2. THE GROUNDS OF APPEAL IN ITA 6902/DEL/14 READ AS FOLLOWS. 2 1. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT DELETING THE ADDITION OF RS.16,99,730/ - AS LEVIED BY LD.ACIT U/S 143(3) ON ACCOUNT OF INTEREST EARNED ON FDR S AN D SAVING BANK A/CS. 2. THAT THE IMPOSITION OF TAX DEMAND OF RS.6,09,260/ - U/S 143(3) IS ARBITRARY ILLEGAL AND EXCESSIVE. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD, MODIFY, AMEND OR DELETE ANY OF THE GROUNDS OF APPEAL AT THE TIME OF HEARING AND ALL THE ABOV E GROUNDS ARE WITHOUT PREJUDICE TO EACH OTHER. 3. THE LD.CIT(A) RELIED ON THE DECISION OF THE APEX COURT IN THE CASE OF BANGALURU CLUB VS. CIT (2013) 29 TAXMAN 29 (S.C.) ORDER DT. 14.1.2013, AND HELD THAT THE PRINCIPLE OF MUTUALITY DOES NOT COVER INTERE ST EARNED ON F.D.RS AND SAVINGS BANK ACCOUNTS AND THAT THE SAME ARE TAXABLE. 4. I DO NOT FIND ANY INFIRMITY IN THIS FINDING OF THE FIRST APPELLATE AUTHORITY. HENCE I DISMISS THE APPEAL FILED BY THE ASSESSEE . 5. IN THE RESULT ITA 6902/DEL/ 14 STANDS DISMISSED. 6. IN ITA 6903/DEL /14 THE GROUNDS READ AS UNDER. 3 1. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT DELETING THE ADDITION OF RS.3,88,715/ - AS LEVIED BY LD.ACIT U/S 143(3 ) ON ACCOUNT OF RENTAL INCOME RECEIVED FROM BANK. 2. THAT THE IMPOSITION OF TAX DEMAND OF RS.10,36,809/ - U/S 143(3) IS ARBITRARY ILLEGAL AND EXCESSIVE. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD, MODIFY, AMEND OR DELETE ANY OF THE GROUNDS OF APPEAL AT THE TIME OF HEARING AND ALL THE ABOVE GROUNDS ARE WITHOUT PREJUDICE TO EACH OTHER. 7. IN THIS CASE ALSO THE LD.CIT(A) APPLIED THE DECISION OF THE HON BLE SUPREME COURT IN THE CASE OF BANGAL URU CLUB (SUPRA) AND DISMISSED THE CASE OF THE ASSESSEE . 8. I FIND N O REASON TO INTERFERE IN THIS FINDING OF THE FIRST APPELLATE AUTHORITY. HENCE THIS APPEAL BY THE ASSESSEE ALSO IS DISMISSED. 9. IN THE RESULT BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH SEPTEMBER, 2016. S D / - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 28 TH SEPTEMBER, 2016 MANGA 4 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR