The Assistant Commissioner of Income Tax, Circle-1, Margao., Margao V. M/s The Quepem Urban Co-op. Credit Society Ltd., Goa

MA 05/PAN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6557 (ITAT-PANAJI)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-01-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 04-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V RAVIRAJ
• Section: 40(a)(ia)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI SHAMIM YAHYA , A M AND SHRI RAM LAL NEGI , J M M A NO. 05 / PAN . / 2017 (ARISING OUT OF ITA NO. 49/PAN.2017) (ASSESSMENT YEAR: 2012 - 13) ASST. CIT, CIRCLE - 1, MARGAO VS. THE QUEPEM URBAN CO - OP. CREDIT SOCIETY LTD. GROUND FLOOR, CINDIAS APARTMENT, QUEPEM, SALCETE - GOA PAN/GIR NO. AABAT 3439 L ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI Y. V. RAVIRAJ RESPONDENT BY : SHRI TATA KRISHNA DATE OF HEARING : 16.11. 201 8 DATE OF PRONOUNCEMENT : 17.01 .2019 O R D E R PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION, THE REVENUE SEEKS RECALL OF THE ORDER OF THIS TRIBUNAL IN INCOME TAX APPEAL NO. 49/PAN./2017 VIDE ORDER DATED 10.07.2017 CONTENDING THAT GROUND NOS. 4 AND 5 IN THAT APPEAL HAVE NOT BEEN ADJUDICATED. THE SUBMISSION OF THE REVENUE IS AS UNDER: 1. THE ABOVE APPEAL WAS DISPOSED OF BY THE TRIBUNAL BY ITS ORDER DATED 10.07.2017. THE APPELLANTS ABOVE NAMED BEG TO PRESENT THIS APPLICATION FOR RECTIFICATION OF CERTAIN MISTAKE, WHICH ARE APPARENT FROM RECORD IN THEN SAID OR DER. 2. THE HON B LE ITAT, PANAJI HAS DISMISSED THE APPEAL OF REVENUE BY THE COMBINED ORDER ON THE ISSUE OF DISALLOWANCE U/S. 80P(2)(A)(I) AS UNDER; - 'THERE BEING NO CHANGE IN THE FACTS AND CIRCUMSTANCES RESPECTFULLY FOLLOWING THE PRECEDENT AS CONSIDERED IN THE AFORESAID DECISIONS AND ORDERS THE IMPUGNED ORDER IN THE RESPECTIVE APPEALS ARE UPHELD AND THE DEPARTMENTAL GROUNDS ARE DISMISSED. SPECIFIC REFE RENCE MAY BE MADE TO THE ORDER DATED 15.06.2017 IN ITA NO.31/PANJ/2017 IN CASE OF SHRI BASVESHWAR PATTIN AOUHARD NIYAMIT VS. JTO AND ORDER DT. 16.06.2O17 IN ITA NO.41/PANJ/2017 IN CASE OF I TO VS. M/S ST. MILAGRES CREDIT SOUHARDA CO - OPERATIVE SOCIETY LTD. A ND OTHERS.' 3. HOWEVER, THE APPELLANT SUBMIT THAT THE HON'BLE ITAT IN THE SAID ORDER HAS NOT CONSIDERED OR HAS OVERLOOKED THE OTHER GROUNDS OF APPEAL AS PER ANNEXURE - B REPRODUCED AS UNDER: 2 MA NO.05/PAN./2017 'SERIAL NO.4) WHETHER ON FACTS AND CIRCUMSTANCES OF THE CASE THE LD.CIT(A), PANAJI - 1, HAS ERRED IN DELETING THE ADDITION AMOUNTING TO RS. 94,38,864/ - MADE BY THE AO ON ACCOUNT OF DISALLOWANCE U/S 40(A)(IA) OF THE INCOME TAX ACT, 1961. SERIAL NO.5) WHETHER ON FACTS AND CIRCUMSTANCES OF THE CASE THE LD.CIT(A), PANAJI - 1. H AS ERRED IN NOT CONSIDERING THE FACTS THAT THE ASSESSEE HAS FAILED TO DEDUCT TDS ON INTEREST PAID.' IT IS RESPECTFULLY SUBMITTED THAT THE OMISSION ON THE PART OF THE TRIBUNAL TO CONSIDER THESE DETAILS CONSTITUTE A MISTAKE APPARENT FROM THE RECORD. THE APPE LLANTS SUBMIT THAT THE TRIBUNAL MAY BE PLEASED TO SUITABLY AMEND ITS SAID ORDER TO RECTIFY THE SAID MISTAKE, AND CONSIDER THE OTHER GROUNDS OF APPEAL MENTIONED IN THE APPEAL MEMO BY THE REVENUE. THEREFORE, IT IS RESPECTFULLY SUBMITTED BEFORE THE HONLSLE IT AT, PANAJI TO CONSIDER THE MISCELLANEOUS APPLICATION OF REVENUE ON THE ISSUE OF DISALLOWANCE OF INTEREST PAID TO MEMBER DEPOSITORS AMOUNTING TO RS.94,38,864/ - ON THE GROUND OF NON DEDUCTION OF TDS U/S. 194A OF I.T. ACT,1961. 2. WE HAVE HEARD BOTH THE COUNS EL AND PERUSED THE RECORDS. ON CAREFUL CONSIDERATION, WE ARE OF THE CONSIDERED OPINION THAT I N THE ORDER OF THIS TRIBUNAL HAS OCCURRED A MISTAKE INASMUCH AS THE SAID GROUND NOS. 4 AND 5 HAS REMAINED UNAD JUDICATED . 3. ACCORDINGLY, THE ABOVE SAID ORDER OF THE TRIBUNAL IS DULY RECALLED ONLY TO CONSIDER THE GROUND NOS. 4 AND 5 OF THE APPEAL. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN THE NORMAL COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION STANDS ALLOWED. O RDER PRONOUNCED BY LISTING TH E RESULT ON THE NOTICE BOARD OF THE BENCH UNDER RULE 34(4) OF THE APPELLATE TRIBUNAL RULES, 1963. SD/ - RAM LAL NEGI JUDICIAL MEMBER SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER DATED : 17 . 0 1 . 2 0 1 9 3 MA NO.05/PAN./2017 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, PANJI CITY CONCERNED; (5) THE DR, ITAT, PANJI ; (6) GUARD FILE . BY ORDER ROSHANI , SR. PS ( SR. P.S. / P.S. ) ITAT