PATEL ENGINEERING LTD., MUMBAI V. ACIT CENT CIR. 25, MUMBAI

MA 113/MUM/2016

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 2877 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 18-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CIRCUMSTANCES OF CASE
• Section: 234B; 113; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE S/SHRI M BALAGANESH , ACCOUNTANT MEMBER AND AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 113 /M/201 6 (ARISING OUT OF CO NO. 09 /MUM/201 5 ) ( / ASSESSMENT YEAR: 2004 - 05 ) M/S. PATEL ENGINEERING LTD. S.V. ROAD, GOGESHWARI (W), MUMBAI - 40010 . / VS. ACIT - CC - 25, MUMBAI / . / . PAN/GIR NO. : AAACP2567L ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 22 .0 2 .201 9 /DATE OF PRONOUNCEMENT: 12.04 . 2019 ORDER PER AMARJIT SINGH, J M THIS ORDER SHALL DISPOSE OF THE MISCELLA N EOUS APPLICATION BEARING NO. 113 /M/1 6 MOVED BY APPELLANT ARISING OUT OF IN CO . NO. 09 /M/1 5 DATED 18 .1 1.2015 . 2. THE BRIEF FACT OF THE CASE ARE THAT THE APPEAL OF THE ASSESSEE B EARING ITA. NO.6605/M/2013 WAS FILED AGAINST THE ORDER OF CIT(A) - 39, MUMBAI RELEVANT TO THE A.Y.2005 - 06. THE ASSESSEE HAS RAISED THE GROUND NO. 6 WHICH IS MENTIONED BELOW.: - ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN HOLDING THAT THE LEVY OF INTEREST U/S 234B CONSEQU ENTIAL IS NATURE. REVENUE BY: SHRI VIJAY KR. JAISWAL (DR) ASSESSEE BY: S HRI MAYUR KISNADWALA MA 113 / MUM/201 6 3. THE GROUND WAS DISPOSED OF BY HONBLE ITAT IN PARA NO. 36 IN WHICH IT WAS OBSERVED THAT THE GROUND RAISED WITH REGARD TO LEVY OF INTEREST U/S 234B IS CONSEQUENTIAL IN NATURE. 4. THE ASSESSEE HAS GIVEN THE CITATION OF PATEL KNR JV VS. ACIT BEARING ITA. NO.7155/M/2008 DATED 18.01.2010 WHICH WAS ON IDENTICAL ISSUE BUT THE SAME WAS DISCUSSED WHILE DECIDING THE ISSUE. IT IS ALSO STATED THAT THE INTEREST US/ 234B IS NOT LEVIABLE ACCORDINGLY THE ISSUE IS LIABLE TO BE RECALLED THAT SUCH ISSUE IS LIABLE TO BE DECIDED ON MERITS. 5. WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. UNDOUBTEDLY, THE GROUND NO. 6 HAS BEEN DECIDED ON THE BASIS OF THIS OBSERVATION THAT THE GR OUND RAISED BY ASSESSEE WITH RE GARD TO LEVY OF INTEREST U/S 234 B OF THE ACT AS CONSEQUENTIAL IN NATURE. THE DECISION PLACED ON RECORD BEARING ITA. NO.7155/M/2008 DATED 18.01.2010 SPEAKS THE SPECIFIC FACT IN WHICH THE ASSESSEE WAS NOT UNDER OBLIGATION TO PAY T HE INTEREST IN VIEW OF PROVISION U/S 234B OF THE ACT. IF THERE IS A DEMAND OF TAX THEN NO DOUBT THE SAME IS FOLLOWED BY INTEREST U/S 234B OF THE ACT WHICH IS QUITE CONSEQUENTIAL. WE NOWHERE FOUND ANY MERIT IN THE SUBMISSION OF THE LD. REPRESENTATIVE OF THE ASSESSEE, THEREFORE, IN THE SAID CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE MISCELLANEOUS APPLICATION IS NOT LIABLE TO BE SUSTAINABLE IN THE EYES OF LAW. HENCE THE SAME IS HEREBY ORDERED TO BE DISMISSED. IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 12.04 .2019 SD/ - SD/ - ( M BALAGANESH ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 12.04 .2019 VIJAY COPY TO : MA 113 / MUM/201 6 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, C , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES