SREI Infrastructure Finance Ltd., Kolkata V. DCIT, (TDS), CIR-59, KOLKATA, Kolkata

ITA 82/KOL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0789 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 20-01-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Assessee Lawyers: NIDHI LAHOTI
• Section: 201(1)

Judgement Text

1 ITA NO.82/KOL/2016 SREI INFRASTRUCTURE FINANCE LTD., AY 2006-07 , D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA () BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] I.T.A. NO. 82/KOL/2016 ASSESSMENT YEAR: 2006-07 SREI INFRASTRUCTURE FINANCE LTD. (PAN:CALSI 1905 F) VS. DEPUTY COMMISSIONER OF INCOME-TAX, (TDS) CIRCLE-59, KOLKATA. APPELLANT RESPONDENT DATE OF HEARING 26.09.2017 DATE OF PRONOUNCEMENT 29.11.2017 FOR THE APPELLANT SHRI NIDHI LAHOTI, AR FOR THE RESPONDENT SHRI ARINDAM BHATTACHARJEE, ADDL . CIT ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-24, KOLKATA DATED 19.11.2015 FOR AY 2006-07. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS THAT IT HA S DEDUCTED TDS, HOWEVER, THE AO HAS HELD THE ASSESSEE A DEFAULTER U/S. 201(1) AND 201(1 A) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) ON ACCOUNT OF NON-PAYMENT OF THE AMOUNT DEDUCTED TO THE TUNE OF RS.12,00,170/-. ACCORDING TO THE ASSES SEE, THE ASSESSEE HAD DEPOSITED THE TDS TO THE TUNE OF RS. 10 LACS ON 6.04.2006; DEPOSITED RS.45,648/- ON 07.04.2006; AND DEPOSITED ON 07.07.2005 RS.10,640/-; AND EXCESS TDS DEPOSITED TO THE TUNE OF RS.1,38,423/- VIDE CHALLAN DATED 07.03.2006 AGAINST THE DEMAND RAISED BY THE AO. ACCORDING TO THE LD. AR, THE LD. CIT(A) HAS SIMPLY DISMISSED THE APPEAL ON T HE GROUND THAT THE LD. AR WAS NOT ABLE TO EXPLAIN THE REASON FOR THE MISMATCH IN THE TRACE S WHICH IS THE RECONCILIATION STATEMENT IN THE WEBSITE OF THE DEPARTMENT. WE NOTE THAT THE LD. CIT(A) HAS NOT ACCEPTED THE PAPERS FILED BEFORE HIM BY ASSIGNING THE REASON THAT THE P APERS WERE UNSIGNED. WE NOTE THAT THE ORDER OF THE AO U/S. 201(1) AND 201(1A) OF THE ACT IS DATED 23.04.2012 IS WITHOUT HEARING THE ASSESSEE; AND SINCE THE IMPUGNED ORDER OF LD. C IT(A) AS WELL AS AO ARE WITHOUT HEARING 2 ITA NO.82/KOL/2016 SREI INFRASTRUCTURE FINANCE LTD., AY 2006-07 THE ASSESSEE, IN THE INTEREST OF JUSTICE, AND ON TH E FACTS/TDS WHICH THE ASSESSEE CLAIMS TO HAVE REMITTED WITH THE DEPARTMENT, WE ARE INCLINED TO SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMAND THE MATTER BACK TO THE FILE OF THE AO, W ITH THE DIRECTION TO ADJUDICATE THE ISSUE AFRESH AFTER GOING THROUGH THE CLAIM MADE BY THE AS SESSEE THAT TDS HAS BEEN DEPOSITED IN EXCESS AND, THEREFORE, ASSESSEE SHOULD NOT HAVE TO BE HELD TO BE IN DEFAULT U/S. 201(1) AND 201(1A) OF THE ACT. THE ASSESSEE IS DIRECTED TO CO OPERATE AND THE AO TO PASS A SPEAKING ORDER AFTER GOING THROUGH THE EVIDENCE FURNISHED BY THE ASSESSEE AS TO THE DEPOSIT OF TDS. THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTIC AL PURPOSES. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 29TH N OVEMBER, 2017 SD/- ` SD/- (J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBE R DATED :29TH NOVEMBER, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT SREI INFRASTRUCTURE FINANCE LTD., 86C, VISHWAKARMA, TOPSIA ROAD (SOUTH), KOLKATA-700 046. 2 RESPONDENT DCIT(TDS), CIRCLE-59, KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SR. PVT. SECRETARY