Income tax Officerf, Bangalore V. M/s TE Connectivity I P Ltd, Bangalore

MA 110/BANG/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5324 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-03-2017
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 21-09-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: M K BIJU JCITD R
• Assessee Lawyers: P K PRASAD; UMASHANKAR GAUTAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, BANGALORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.110/BANG/2016 (IN ITA NO. 3 / BANG/20 1 5 ) (ASSESSMENT YEAR: 20 12 - 13 ) INCOME - TAX OFFICER (LTU )(TDS) BANGALORE. VS. PETITIONER M/S.TE CONNECTIVITY INDIA PVT. LTD. TE PARK, 22B, DODDENAKUNDI 2 ND PHASE, INDUSTRIAL AREA, WHITEFIELD ROAD, BANGALORE - 560048. PAN: AABCT 7374 C RESPONDENT PETITIONER BY : SHRI M.K.BIJU, JCIT(D R) RESPONDENT BY : S/ SHRI P.K.PRASAD & UMASHANKAR GAUTAM, ADVOCATE. DATE OF HEARING : 06/ 0 1 /201 7 DATE OF PRONOUNCEMENT : 10 /03/2017 O R D E R PER I NTURI RAMA RAO, AM : THIS MISCELLANEOUS PETITION (MP) IS FILED BY THE REVENUE SEEKING RECTIFIC ATION OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.3/BANG/2015 DATED 25/05/2016 FOR THE ASSESSMENT YEAR 2012 - 13. MP NO.110 / BANG/201 6 PAGE 2 OF 3 2. IT IS THE CONTENTION OF THE REVENUE THAT THE TRIBUNAL HAS MENTIONED THE ASSESSMENT YEAR AS 2006 - 07 INSTEAD OF 2011 - 12 IN PARA.1. THE OTHER MISTAKE POINTED OUT BY THE REVENUE IS THAT WHILE ALLOWING THE APPEAL FILED BY THE ASSESSEE, THE TRIBUNAL OUGHT NOT TO HAVE ALLOWED THE GROUND CHALLENGING LEVY OF INTEREST U/S 201(1A) OF RS.2,88,241/ - ON DELAYED PAYMENT OF TDS. 3. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED MATERIAL ON RECORD. I N PARA.1 OF THE IMPUGNED ORDER IN PLACE OF ASSESSMENT YEAR 2006 - 07 ASSESSMENT YEAR 2011 - 12 BE SUBSTITUTED . AS REGARDS THE OTHER SUBMISSION THAT THE TRIBUNAL OUGHT NOT TO HAVE GIVEN RELIEF IN RESPECT OF INTEREST ON DELAYED PAYMENT OF TDS IS CONCERNED, WE H E LD THAT THE ASSESSEE - COMPANY WAS NOT LIABLE TO DEDUCT TAX AT SOURCE AS NO INCOME HAD ACCRUED IN THE HANDS OF THE ASSESSEE. WHEN THERE WAS NO LIABILITY TO DEDUCT TAX AT SOURCE, QUESTION OF INTEREST T HEREON DOES NOT ARISE. HENCE, THIS SUBMISSION IS REJECTED. 4. IN THE RESULT, THE MP IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH MARCH,2017 S D/ - SD/ - (VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTAN T MEMBER PLACE : BANGALORE D A T E D : 10 /0 3 /201 7 SRINIVASULU, SPS MP NO.110 / BANG/201 6 PAGE 3 OF 3 COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE B Y ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE