WASIVERHMAN CHOWDHARY , THANE V. DCIT, CPC, Ghaziabad

ITA 6923/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8332 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 04-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 234E; 200A; 73

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI BEFORE SHRI PAWAN SINGH (JM) & SHRI S. RIFAUR RAHMA N(A.M.) ITA NO. 6923/MUM/2018(ASSESSMENT YEAR : 2014-15) WASIVREHMAN CHOWDHARY, PROP. THANE IRON MART, 1, THANE IRON MART, GHODBUNDER SERVICE ROAD, MANPADA, THANE (W) 400 607 PAN : AEWPC 68 73 K VS DCIT- CPC- GHAZIABAD APPELLANT RESPONDEDNT APPELLANT BY NONE RESPONDENT BY SHRI VINOD KUMAR DATE OF HEARING 16-01-2020 DATE OF PRONOUNCEMENT 16-01-2020 O R D E R PER PAWAN SINGH, JM : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORD ER OF CIT(A)-1, MUMBAI DATED 24-09-2018 FOR ASSESSMENT YEAR 2014-15 . THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF APPEAL: - (A) THE LD. CIT(A) HAS ERRED IN CONFIRMING THE PEN ALTY WITHOUT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE . (B) THE LD. CIT(A) HAS ERRED IN REJECTING THE GENU INE REASON OF APPELLANT REPRESENTATIVE. (C) THE ORDER OF THE CIT(A) IN THIS CASE IS BASED UPON SURMISES AND CONJECTURES AND FAR REMOVED FROM THE FACTS OF THE C ASE. 2. THE ASSESSEE IS IN TRADING OF BUSINESS OF IRON AND STEEL. THE ASSESSEE FILED HIS QUARTERLY TDS STATEMENT FOR FIRST QUARTER FOR AY 2014-15 ITA NO. 6923/MUM/2018 WASIVREHMAN CH. 2 BEYOND DUE DATE OF FURNISHING STATEMENT OF TDS. DUE DATE FOR FIRST QUARTER WAS 15.07.2013. HOWEVER THE ASSESSEE FILED / FURNISHED RETURN / STATEMENT ON 11.12.2014. THE DCIT/CPC-TDS GHAZIABAD LEVIED AN INTEREST/ LATE FEE OF RS. 21,055/- VIDE I TS INTIMATION / ORDER DATED 14.12.2014. ON APPEAL BEFORE CIT(A), THE ACTI ON OF THE ASSESSING OFFICER / CPC TDS WAS AFFIRMED. THUS, FUR THER AGGRIEVED THE ASSESSEE HAS FILED PRESENT APPAL BEFORE US. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE, DESPITE T HE SERVICE OF NOTICE OF HEARING OF THE APPEAL. EVEN NO APPLICATIO N FOR ADJOURNMENT WAS FILED ON BEHALF OF ASSESSEE, THUS, WE LEFT NO OPTION EXCEPT TO HEAR THE SUBMISSIONS OF THE LD. DEPARTMEN TAL REPRESENTATIVE (DR) FOR THE REVENUE AND TO DECIDE THE CASE ON THE BASIS OF MATERIAL ON RECORD. WE HAVE HEARD THE SUBMISSION OF THE LD. DR FOR THE REVENUE AND PERUSED THE MATERIAL AVAILABLE ON RECOR D. THE LD DR SUPPORTED THE ORDER OF LOWER AUTHORITIES. 4. THE LD. DR FOR THE REVENUE SUPPORTED THE ORDER OF L OWER AUTHORITIES. THE LD. DR SUBMITS THAT THE LD. CIT(A ) HAS ELABORATELY DISCUSSED THE APPLICABILITY OF SECTION 234E AS WELL AS SECTION 200A OF THE ACT. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE PAR TIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THERE IS NO DISP UTE THAT FOR QUARTER -1, OF AY 2014-15, THE ASSESSEE FURNISHED THE TDS S TATEMENT ON 11.12.2014 INSTEAD OF FURNISHING ON OR BEFORE DUE D ATE I.E. 15.07.2013. THE ASSESSEE PAID AN INTEREST OF RS. 42 5/-. ADMITTEDLY, TDS WAS DEDUCTED PRIOR TO 01-06-2015. THE HON BLE KARNATAKA HIGH COURT IN FATHERAJ SINGHVI VS UOI REPORTED VIZ (73 TAXMANN.COM 252 ), WHEREIN IT WAS HELD THAT THE AMENDMENT IN SECTION 200A HAS COME INTO EFFECT ON 01.06.2015 AND HAS ITA NO. 6923/MUM/2018 WASIVREHMAN CH. 3 PROSPECTIVE EFFECT, NO COMPUTATION OF FEE FOR THE D EMAND OR THE INTIMATION FOR FEE UNDER SECTION 234E CAN BE MADE F OR TDS DEDUCTED PRIOR TO 01.06.2015, HENCE, THE DEMAND OF FEE UNDER SECTION 234E IS WITHOUT AUTHORITY OF LAW. SIMILAR V IEW WAS TAKEN BY THIS BENCH (BY SAME COMBINATION) IN VENUS ELECTRONICS AND CONTROLS PVT. LTD VS ITO (ITA NO. 5073/MUM/2018 DATE 18.12.2 019). IN VIEW OF THE AFORESAID DISCUSSIONS, W E FIND THAT NO LATE FEES WERE LEVIABLE ON THE ASSESSEE; THEREFORE, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 -0 1-2020. SD/- SD/- (S.RIFAUR RAHMAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIALMEMBER MUMBAI, DT : 16 TH JANUARY, 2020 BISWAJIT, SR. P.S. COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI