M/S Marvel Edge Realtora Pvt Ltd, Pune V. Income Tax Officer(TDS-1), Pune, Pune

ITA 812/PUN/2023

AI Insights

The case involves four separate appeals by M/s. Marvel Edge Realtors Pvt. Ltd., M/s. Marvel Landmarks Private Ltd., M/s. Marvel Omega Builders Private Ltd., and M/s. Marvel Sigma Homes Private Ltd. against the Income Tax Officer, Pune, concerning TDS and interest demands for the assessment year 2017-2018. The appeals were heard together due to their similar nature and the identical legal issues involved. The primary legal issue was the correctness of the TDS and interest demands raised under sections 201 and 201(1A) of the Income Tax Act, 1961. The appellants argued that the payees had already offered the deducted TDS to tax, which was not accepted by the tribunal due to insufficient evidence.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137979 (ITAT-PUNE)
• Duration Of Justice: 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: A
• Next Hearing Date: 01-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 11-07-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Search and seizure; TDS
• Section: 201; 194J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA.No.812/PUN./2023 Assessment Years 2017-2018 M/s. Marvel Edge Realtors Pvt. Ltd., 301-302 Jewel Tower, Survey No.25/H, Lane No.5, Koregaon Park, Pune – 411 001. Maharashtra. PAN AAFCM4691M vs., The Income Tax Officer, (TDS-1), Shankarsheth Road, Swargate, Pune. PIN – 411 037. Maharashtra (Appellant) (Respondent) ITA.No.813/PUN./2023 Assessment Years 2017-2018 M/s. Marvel Landmarks Private Ltd., 301-302 Jewel Tower, Survey No.25/H, Lane No.5, Koregaon Park, Pune – 411 001. Maharashtra. PAN AAFCM2208L vs., The Income Tax Officer, (TDS-1), Shankarsheth Road, Swargate, Pune. PIN – 411 037. Maharashtra (Appellant) (Respondent) ITA.No.814/PUN./2023 Assessment Years 2017-2018 M/s. Marvel Omega Builders Private Ltd., 4 th Floor, Above IDBI Bank Arthavishwa Building, Lane No.5, Koregaon Park, Pune. PIN – 411 001. Maharashtra. PAN AAGCM6006R vs., The Income Tax Officer, (TDS-1), Shankarsheth Road, Swargate, Pune. PIN – 411 037. Maharashtra (Appellant) (Respondent) 2 ITA.Nos.812 to 815/PUN./2023 ITA.No.815/PUN./2023 Assessment Years 2017-2018 M/s. Marvel Sigma Homes Private Ltd., 4 th Floor, Above IDBI Bank, Arthavishwa Bldg., Lane No.5, Koregaon Park, Pune – 411 001. Maharashtra. PAN AAGCM6007Q vs., The Income Tax Officer, (TDS-1), Shankarsheth Road, Swargate, Pune. PIN – 411 037. Maharashtra (Appellant) (Respondent) For Assessee : -None- For Revenue : Shri Ramnath P Murkunde Date of Hearing : 02.08.2023 Date of Pronouncement : 02.08.2023 ORDER PER BENCH : These four assessees’ as many appeals ITA.Nos.812 to 815/PUN./2023, for assessment year 2017-18, arise against the CIT(A), Pune-11, Pune’s separate Din and Order Nos.ITBA/APL/S/250/2023-24/1052743778(1), 10527433356(1), 1052744164(1), 1052744632(1), all dated 11.05.2023, involving proceedings u/s. 201 (1) r.w.s.201(1A) of the Income Tax Act, 1961 (in short “the Act”). All four cases called twice. None appears at these assessees’ behest. They are accordingly proceeded ex-parte. 2. It emerges during the course of hearing with the able assistance coming from Revenue side that all these four assessees’ viz., M/s. Marvel Edge Realtors Pvt. Ltd., M/s. Marvel Landmarks Private Ltd., M/s. Marvel Omega Builders 3 ITA.Nos.812 to 815/PUN./2023 Private Ltd., and M/s. Marvel Sigma Homes Private Ltd., corresponding four appeals ITA.Nos.812 to 815/PUN./2023 seek to reverse both the lower authorities identical action raising sec.201 r.w.s. 201(1A) TDS and interest demands of Rs.10,23,214/- ; Rs.88,29,905/-; Rs.2,70,20,276/-; and Rs.1,48,89,981/-; case-wise, respectively. 3. Mr. Murkunde invited our attention to the NFAC’s identical detailed discussion in the “lead” appeal ITA.No.812/PUN./2023 reading as under : 4 ITA.Nos.812 to 815/PUN./2023 5 ITA.Nos.812 to 815/PUN./2023 6 ITA.Nos.812 to 815/PUN./2023 7 ITA.Nos.812 to 815/PUN./2023 4. We have given our thoughtful consideration to the assessees’ identical pleadings raising the sole substantive grievance of correctness of sec.201(1) r.w.s.201(1A) demands and Revenue’s vehement arguments supporting the same at length. We find from a perusal of the case files that all these assessees are fair enough in not disputing their very liability to deduct TDS u/secs.194A, 194C, 194I and 194J paid in F.Y. 2016-2017 relevant to A.Y. 2017-18; as the case may be, involving varying sums, to the recipients concerned. Their only ground before us is that the payees concerned have offered the same to tax and therefore, they duly stand assessed. We are afraid to accept the assessees’ instant sole substantive contention for want of the corresponding records and evidence emanating from the case files. We make it clear that although the legislature has diluted the provisions of the impugned TDS recovery mechanism u/secs.201(1) r.w.s. 201(1A) subject to only to the condition that it is incumbent for the “assessee(s) – in-default” to file the relevant details to this effect going by sec.201(1) first proviso introduced in the Act vide Finance Act, 2012 w.e.f. 01.07.2012. This is indeed coupled with the fact that the learned lower authorities have also rejected the 8 ITA.Nos.812 to 815/PUN./2023 assessees’ contention for the very reason only as it is evident from the NFAC’s above extracted detailed discussion. We thus see no merit in these assessees’ identical sole substantive grievance. The same stands rejected. Ordered accordingly. 5. These four assessees’ as many appeals are dismissed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 02.08.2023. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 02 nd August, 2023 VBP/- Copy to 1. The appellant 2. The respondent 3. The CIT(A), Pune-11, Pune. 4. The Pr. CIT (Central), Pune 5. D.R. ITAT, Pune “A” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches, Pune.