CENTURIAN BANK OF PUNJAB LTD., Jaipur V. ITO, Jaipur

ITA 708/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99508 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 23-08-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DR DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 708/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 M/S. CENTURIAN BANK OF PUNJAB LTD. (NOW HDFC LTD.) 3/341A, RAJA PARK, JAIPUR CUKE VS. THE ITO TDS (2) JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: JPRB 01638A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT -DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09/11/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 10 /11/2015 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE LD. CIT(A)-III, JAIPUR DATED 14-05-2013 FOR THE ASSES SMENT YEAR 2007-09 WHEREIN THE ASSESSEE RAISED FOLLOWING GROUNDS:- 1. THAT THE LD. CIT(A) HAS ERRED IN LAW AS WELL A S ON FACTS IN CONFIRMING THE ADDITION, WITHOUT CONSID ERING THE FACTS AND CIRCUMSTANCES OF THE CASE. 2. THAT THE LD. CIT(A) HAS ERRED IN MAKING THE ADDITION OF SHORT DEDUCTION OF TAX FOR RS. 5,11,340 /- AND CHARGING INTEREST U/S 201(1A) OF I.T. ACT FOR RS. 2 ,70,620/- WITHOUT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE. ITA NO. 708/JP/2013 M/S. CENTURIAN BANK OF PUNJAB LTD. (NOW HDFC LTD.) VS. . ITO-TDS (2), JAIPUR . 2 2.1 NONE APPEARED ON BEHALF OF THE ASSESSEE IN SPIT E OF SERVICE OF NOTICE OF THIS HEARING. CONSEQUENTLY WE PROCEED TO DECIDE THE APPEAL ON MERITS, EX PARTE QUA THE ASSESSEE, AFTER HEARING LD . DR AND AFTER PERUSAL OF THE MATERIALS AVAILABLE ON RECORD. 2.2 THE BENCH OBSERVED THAT THE APPEAL FILED BY THE ASSESSEE IS LATE BY 38 DAYS FOR WHICH THE ASSESSEE FILED A CONDONATION OF LATE FILING OF THE APPEAL. THE ASSESSEE RELIED ON THE DECISION OF HON' BLE MADHYA PRADESH HIGH COURT IN THE CASE OF CIT VS. KHEMRAJ LAKSHMICH AND, 114 ITR 75 TO THIS EFFECT. 2.3 THE LD. DR OBJECTED TO THE CONDONATION APPLICAT ION OF THE ASSESSEE. 2.4 I HAVE HEARD THE LD. DR AND PERUSED THE MATERIA LS AVAILABLE ON RECORD. I FIND SUFFICIENT CAUSE FOR NOT FILING THE APPEAL IN TIME BY THE ASSESSEE. THUS THE CONDONATION APPLICATION FOR LATE FILING THE APPEAL BY THE ASSESSEE IS ALLOWED. 3.1 AS REGARDS GROUND NO. 1 AND 2 OF THE ASSESSEE, FACTS ARE - THE ASSESSEE FILED E-TDS STATEMENT HOWEVER BY MISTAKE T HE PAN NOS. OF PAYEES WERE WRONGLY MENTIONED. MOREOVER MANUAL FILI NG OF TDS RETURN WAS NOT ALLOWED. THE AO DUE TO IRRECONCILIATION P ROPOSED THE ASSESSEE IS TO BE IN DEFAULT, A SHOW CAUSE NOTICE WAS ISSUED ASKING THE ASSESSEE TO FILE THE CORRECTION STATEMENT TO RECTIFY DATA ENT RY ERRORS IN THE STATEMENT WITHIN 15 DAYS OF RECEIPT OF SUCH SHOW CAUSE NOTIC E. IT APPEARS THAT THE ITA NO. 708/JP/2013 M/S. CENTURIAN BANK OF PUNJAB LTD. (NOW HDFC LTD.) VS. . ITO-TDS (2), JAIPUR . 3 ASESEEE DID NOT FILE CORRECTION STATEMENT IN TIME. CONSEQUENTLY AO HELD THAT THE ASSESSEE WAS IN DEFAULT AND RAISED THE A IMPUGNED DEMAND AGAINST ASSESSEE. 3.2 BEING AGGRIEVED, THE ASSESSEE PREFERRED FIRST A PPEAL BEFORE THE LD. CIT(A) AGAINST SHORT DEDUCTION OF TAX AMOUNTING TO RS. 5,11,340/- AND CHARGING THE INTEREST U/S 201(1A) AMOUNTING TO RS. 2,70,620/-; LD. CIT(A) HOWEVER DISMISSED THE APPEAL OF THE ASSESSEE BY OBSERVING AS UNDER:- 02.3 ON DUE CONSIDERATION OF THE MATERIAL AVAILABLE ON RECORDS, IT IS EVIDENT THAT THERE WAS NO MISTAKE ON THE ORDER PASSED BY THE ITO,TDS AGAINST WHICH THIS APPE AL HAS BEEN FILED. APPELLANT HAS ADMITTED HIS MISTAKES. HE IS REQUIRED TO FILE A CORRECTION STATEMENT/REVISED TDS RETURN ONLINE. THE GROUNDS RAISED BY THE APPELLANT HAVE, T HEREFORE, NO BASIS AND ACCORDINGLY REJECTED. 3.3 AGGRIEVED, THE ASSESSEE IS IN SECOND APPEAL. 3.4 THE LD. DR RELIED ON THE ORDERS OF LD.CIT (A) A ND CONTENDS THAT THE ASSESSEE APPEAL IN FACT HAS NOT BEEN DISMISSED BUT IT HAS BEEN DIRECTED TO FILE A CORRECTION STATEMENT BEFORE THE AO. THERE IS NO INFIRMITY IN THE ORDER OF THE LD. CIT(A) IN DIRECTING THE ASSESSEE T O FILE A CORRECTION STATEMENT WHICH HAS BEEN ADMITTED BY IT TO BE DEFEC TIVE. 3.5 I HAVE HEARD LD. DR AND PERUSED THE MATERIALS A VAILABLE ON RECORD. FILING OF A DEFECTIVE E-TDS FORM ON LINE HAS BEEN A DMITTED BY THE ASSESSEE, AS A NATURAL CONSEQUENCE UNLESS THE RELEV ANT MISTAKES ARE ITA NO. 708/JP/2013 M/S. CENTURIAN BANK OF PUNJAB LTD. (NOW HDFC LTD.) VS. . ITO-TDS (2), JAIPUR . 4 RECTIFIED THE CREDIT CANNOT BE GIVEN BY THE AO. LD . CIT(A) HAS RIGHTLY DIRECTED THE ASSESSEE TO FILE THE CORRECTION STATEM ENT. HOWEVER IT WILL BE APPROPRIATE TO PARAPHRASE THE DIRECTION OF LD. CIT( A) TO THE EFFECT THAT ASSESSEE SHALL FILE BEFORE AO A CORRECTED TDS STAT EMENT EITHER BY E-TDS RETURN OR BY A MANUAL TDS RETURN IF ITS NOT ACCEPTE D BY COMPUTER SYSTEM. THE AO SHALL AWARD ADEQUATE OPPORTUNITY OF BEING H EARD. THUS THE ASSESSEES GROUND ARE ALLOWED FOR STATISTICAL PURPO SES. 4.0 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10/11/201 5. SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 10 /11/ 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- M/S. CENTURIAN BANK OF PUNJAB LTD. ( NOW HDFC LTD. )JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, TDS (2), JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 708/JP/2013) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR