Eriabarie Films & Foils Pvt. Ltd. , Kolkata V. ITO, Ward 10(2), Kolkata

ITSSA 29/KOL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4917 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 28-11-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 154; 234B; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T(SS) A. No.29/Kol/2021 Assessment Year: 2007-08 Eriabarie Films & Foils Pvt. Ltd............................................................Appellant Vasundhara, 5 th Floor, 2/7, Sarat Bose Road, Kolkata-700020. [PAN: AAACE5343D] vs. ITO, Ward-10(2), Kolkata.....................................................................Respondent Appearances by: Shri P.J. Bhide, FCA, appeared on behalf of the appellant. Shri Amol Kamot, CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : March 29, 2022 Date of pronouncing the order : March 29, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 05.09.2013 of the Commissioner of Income Tax (Appeals)-XII, Kolkata [hereinafter as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The only issue raised in this appeal is relating to the levy of interest u/s 234D of the Act. 3. The brief facts of the case are that certain additions were made by the Assessing Officer while assessing the income of the assessee for assessment year 2007-08. However, the Assessing Officer while making the demand did not add interest u/s 234D which was required to be consequentially added pursuant to the additions made by the Assessing Officer. Thereafter, the Assessing Officer passed an order u/s 154 of the Act and included the demand of the interest u/s 234D of the Act. 4. The assessee, being aggrieved by the said levy of interest u/s 234D, filed appeal before the ld. CIT(A). However the ld. CIT(A) vide impugned order dated 29.09.2021 I.T(SS) A. No.29/Kol/2021 Assessment Year: 2007-08 Eriabarie Films & Foils Pvt. Ltd 2 dismissed the appeal of the assessee holding that the levy of interest u/s 234D as being consequential and mandatory in nature. 5. Now, the assessee has come in appeal before us agitating the levy of interest u/s 234D of the Act. The ld. Counsel for the assessee has stated at bar that the assessee has already filed an appeal contesting the additions made by the Assessing Officer in the assessment order dated 31.03.2014. He has further submitted that if that appeal is decided in favour of the assessee, the issue of consequential levy of interest u/s 234D will also be automatically get decided in favour of the assessee. The issue relating to the levy of interest u/s 234D is dependent upon the decision on merits of the additions against which the appeal of the assessee is already pending vide ITA No.08/Kol/2022. However, so far as the present appeal is concerned, the only issue raised by the assessee in this appeal is regarding the levy of interest u/s 234D and 234B of the Act which as observed above is consequential in nature. Hence, these grounds taken by the assessee, in this appeal, are having no merits on standalone basis. In view of this, the present appeal of the assessee is hereby dismissed. However, it is made clear that the dismissal of the present appeal will neither affirm nor set aside the levy of interest u/s 234D or 234B, the merit of which will be decided as a consequence of the decision arrived by the Tribunal in assessee’s appeal in ITA No.08/Kol/2022. 6. Subject to above observations, the appeal of the assessee stands dismissed. Kolkata, the 29 th March, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated: 29.03.2022. RS Copy of the order forwarded to: 1. Eriabarie Films & Foils Pvt. Ltd 2. ITO, Ward-10(2), Kolkata I.T(SS) A. No.29/Kol/2021 Assessment Year: 2007-08 Eriabarie Films & Foils Pvt. Ltd 3 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches