DEUTSCHE INVESTOR SERVICES P.LTD, MUMBAI V. DCIT 12(1)(1), MUMBAI

ITA 985/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1474 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHTAR HUSSAIN ANSARI
• Keywords: TDS
• Section: 143(3); 144C

Judgement Text

ITA NO . 985/MUM/2016 ASSESSMENT YEAR 2011 - 12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI K BENCH, MUMBAI [CORAM: PRAMOD KUMAR, VICE PRESIDENT, AND, RAVISH SOOD , JUDICIAL MEMBER] ITA NO. 985/MUM/2016 ASSESSMENT YEAR: 2011 - 12 DEUTSCHE INVESTOR SERVICES P. LTD., .APPELLANT 3 RD FLOOR, BLOCK B - 1, NIRLON KNOWLEDGE PARK, WESTERN EXPRESS HIGHWAY, GOREGAON EAST, MUMBAI 400063 [PAN: AACCD3788M] VS DEPUTY COMMISSIONER OF INCOME TAX - 12(2)(1) ..........RESPONDENT MUMBAI 400020 APPEARANCES BY NIRAJ SHETH FOR THE APPELLANT AKHTAR HUSSAIN ANSARI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 10 TH , 2020 DATE OF PRONOUNCEMENT : DECEMBER 8 TH , 2020 ORDER PER PRAMOD KUMAR, VP: BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF LEARNED ASSESSING OFFICER ORDER DATED 31 ST DECEMBER 2015, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) R.W.S. 144C (13) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2011 - 12. 2. GROUND NO.1 IS NOT PRESSED, AND, IS ACCORDINGLY DISMISSED AS NOT PRESSED. 3. IN GROUND NO.2, THE ASSESSEE HAS RAISED THE FOLLOWING G RIEVANCE: (2) THE AO ERRED IN GRANTING SHORT CREDIT FOR TDS OF RS.33,239,739 OUT OF, THE TOTAL TDS CREDIT OF RS,36,602, 602 CLAIMED IN THE RETURN OF INCOME FOR THE YEAR UNDER APPEAL, WITHOUT ASSIGNING ANY REASON. ITA NO . 985/MUM/2016 ASSESSMENT YEAR 2011 - 12 PAGE 2 OF 2 4 . LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSING OFFICER HAS GRANTED SHORT CREDIT FOR TDS, AND HAS NOT ASSIGNED ANY REASONS FOR SUCH SHORT CREDIT. ALL THAT HE SEEKS IS A DIRECTION TO THE ASSESSING OFFICER TO DECIDE THE MATTER BY WAY OF A SPEAKING ORDER. LEARNED DEPARTMENTAL RE PRESENTATIVE DOES NOT OPPOSE THE SAID PRAYER. 5. IN VIEW OF THE ABOVE DISCUSSIONS, WE DEEM IT FIT AND PROPER TO DIRECT THE ASSESSING OFFICER TO DECIDE THE MATTER, REGARDING CREDIT FOR TDS - AS CLAIMED BY THE ASSESSEE, BY WAY OF A SPEAKING ORDER, IN ACCORDA NCE WITH THE LAW AND AFTER GIVING A FAIR AND REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. ORDERED, ACCORDINGLY. 6. GROUND NO. 2 IS THUS ALLOWED FOR STATISTICAL PURPOSES IN THE TERMS INDICATED ABOVE. 7. I N THE RESULT, THE APPEALS IS PARTLY ALLOWE D FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT TODAY ON THE 8 TH DAY OF DECEMBER, 2020 . SD/ - SD/ - RAVISH SOOD PRAMOD KUMAR ( JUDICIAL MEMBER ) (VICE PRESIDENT) MUMBAI, DATED THE 8 TH DAY OF DECEMBER , 2020 NISHANT VERMA, SR. SP COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI