THE CLEARING CORPORATION OF INDIA LTD., MUMBAI V. DCIT CIR. 7(3), MUMBAI

ITA 710/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5687 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 01-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITTAL
• Assessee Lawyers: N H GAJARIA
• Section: 154

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI RAMLAL NEGI (JM) I.T.A. NO. 710 /MUM/ 2017 (ASSESSMENT YEAR 20 11 - 12 ) THE CLEARING CORPORATION OF INDIA LTD. CCIL BHAVAN , COLLEGE LANE OFF S.K. BOLE ROAD DADAR (W EST) MUMBAI - 400 028. V S . DCIT CIRCLE 7(3) MUMBAI ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI N.H. GAJARIA DEPARTMENT BY SHRI RAJAT MITTAL DATE OF HEARING 1 6 . 7 . 201 8 DATE OF PRONOUNCEMENT 16 . 7 . 201 8 O R D E R PER B.R. BASKARAN (AM) : THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 5.1.2.1016 PASSED BY THE LEARNED CIT(A) - 14, MUMBAI AND IT RELATES TO A.Y. 2011 - 12. 2. THIS APPEAL RELATES TO TAX PAYABLE UNDER SECTION 115 - O OF THE ACT RELATING TO DIVIDEND DISTRIBUTION . THE CASE OF THE ASSESSEE IS THAT IT HAS DECLARED DIVIDEND OF ` 11.50 CRORES ON 21.6.2011 FOR THE YEAR ENDING 31.3.2011 . HENCE TAX RATE INCLUDING SURCHARGE AND EDUCATION CESS APPLICABLE TO FINANCIAL YEAR 1.4.2011 TO 31.3.2012 SHOULD HAVE BEEN CONSIDERED FOR COMPUTING TAX U/S 115 - O OF THE ACT. HOWEVER, THE ASSESSEE HAS COMMITTED A MISTAKE AND APPLIED TAX RATE APPLICABLE TO THE FINANCIAL YEAR 1.4.2010 TO 31.3.2011. 3. THE LEARNED AR SUBMITTED THAT THE ASSESSEE HAS ALREADY MOVED A PETITION U/S. 154 OF THE ACT, BUT THE SAME HAS NOT BEEN DISPOSED OF YET BY THE AO . HE SUBMITTED THAT THE LEARNED CIT(A) DISMISSED THIS GROUND OF THE ASSESSEE ON THE REASONING THAT THE ASSESSEE HAS NOT GIVEN CATEGORICALLY ACTUAL THE CLEARING CORPORATION OF INDIA LTD. 2 DATE OF PAYMENT OF DIVIDEND. THE LEARNED AR SUBMITTE D THAT THE DIVIDEND HA S BEEN DECLARED ON 21.6.2011, I.E. IN THE F.Y. 2011 - 12 AND HENCE, THE TAX RATE APPLICABLE FOR TH AT FINANCIAL YEAR SH OULD BE ADOPTED FOR COMPUTING DIVIDEND DISTRIBUTION TAX. IN SUPPORT OF HIS CONTENTIONS, THE LEARNED AR PLACED HIS REL IANCE ON THE DECISION RENDERED BY JAIPUR SMC BENCH OF THE ITAT IN THE CASE OF DRAWMET WIRES (P) LTD. VS. ACIT (2017) 167 ITD 357, WHEREIN THE TRIBUNAL HAS HELD THAT INSTANCE OF CHARGEABILITY OF DIVIDEND DISTRIBUTION TAX ON THE AMOUNT OF DIVIDEND DECLARED W OULD DEPEND ON WHEN IT IS DECLARED OR PAID AND NOT FOR WHICH YEAR IT IS PAID. 4. WE HEARD LEARNED DR AND PERUSED THE RECORD. WE NOTICED THAT JAIPUR SMC BENCH OF THE TRIBUNAL HAS HELD IN THE CASE OF DRAWMET WIRES (P) LTD. (SUPRA) THAT LIABILITY TO PAY DIVI DEND DISTRIBUTION TAX WOULD ARISE ONLY ON DECLARATION OF DIVIDEND. IN THE INSTANT CASE, DIVIDEND HAS BEEN DECLARED ON 21.6.2011 AND HENCE THE TAX RATE APPLICABLE FOR THE FINANCIAL YEAR 1.4.2011 TO 31.3.2012 SHOULD BE ADOPTED AS PER THE DECISION RENDERED I N THE CASE OF DRAWMET WIRES P LTD (SUPRA). ACCORDINGLY WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO COMPUTE DIVIDEND DISTRIBUTION TAX AS PER RATIO OF DECIS ION RENDERED BY JAIPUR SMC BENCH IN THE CASE OF DRAWMET WIRES (P) LTD. (SUPRA). 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 16 . 7 . 201 8 . SD/ - SD/ - (RAMLAL NEGI) (B.R.BASKARAN) J U DICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 16 /7 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT THE CLEARING CORPORATION OF INDIA LTD. 3 5. DR, ITAT, MUMBAI 6. GUARD F ILE. BY ORDER, //TRUE COPY// ( SENIOR P RIVATE S ECRETARY ) PS ITAT, MUMBAI