M/s Nissin Foods Products Co. Ltd., Bangalore V. ACIT, Bangalore

MA 13/BANG/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2260 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-09-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-09-2014
• Assessment Year: 1999-2000
• Appeal Filed On: 09-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C H SUNDAR RAO CITIDR
• Assessee Lawyers: NARENDRA KUMAR
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER M.P. NO.13/BANG/2014 (IN ITA NO. 892/BANG/2005) ASSESSMENT YEAR : 1999-2000 M/S. NISSIN FOODS PRODUCTS CO. LTD., C/O. RSM & CO., CHARTERED ACCOUNTANTS, 803-804, PRESTIGE MERIDIAN, 30, M.G. ROAD, BANGALORE 560 001. PAN : AACCN 1019K VS. THE ASSISTANT COMMISSIONER OF INCOME TAX (TDS), RANGE 16(2), BANGALORE. APPLICANT RESPONDENT APPLICANT BY : SHRI NARENDRA KUMAR, ADVOCATE RESPONDENT BY : SHRI C.H. SUNDAR RAO, CIT-I(DR) DATE OF HEARING : 19.09.2014 DATE OF PRONOUNCEMENT : 26.09.2014 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THE ASSESSEE HAS FILED THIS MISCELLANEOUS PETITI ON. THE ISSUE IN THE APPEAL FILED BY THE ASSESSEE WAS WITH REGARD TO ACT ION OF THE CIT(APPEALS) IN SUSTAINING THE ORDER LEVYING INTEREST U/S. 201(1 A) OF THE ACT. THE TRIBUNAL HELD THAT THE ASSESSEE IS NOT LIABLE TO PAY INTERES T U/S. 201(1A) OF THE ACT. 2. IN THIS M.P., THE ASSESSEE HAS SUBMITTED THAT TH E TRIBUNAL SHOULD HAVE ALSO DIRECTED REFUND OF THE INTEREST THAT HAS BEEN WRONGLY COLLECTED M.P. NO. 13/BANG/2014 PAGE 2 OF 3 FROM THE ASSESSEE PURSUANT TO THE ORDER U/S. 201(1A ) OF THE ACT. THE ASSESSEE HAS SUBMITTED THAT INTEREST U/S. 244A SHOU LD ALSO BE DIRECTED TO BE PAID FOR DELAYING GRANT OF REFUND. 3. THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE STAND OF THE ASSESSEE AS CONTAINED IN THE M.P. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. CO UNSEL FOR THE ASSESSEE AND ARE OF THE VIEW THAT THE SAME ARE WITH OUT ANY MERIT. THE TRIBUNAL IS ONLY AN ADJUDICATING BODY WITH REGARD T O LIABILITY OR OTHERWISE OF THE ASSESSEE. IF CONSEQUENT TO THE ORDER OF THE TR IBUNAL, ANY REFUND ON INTEREST IS DUE TO THE ASSESSEE, IT IS FOR THE ASS ESSEE TO APPROACH THE AUTHORITIES FOR APPROPRIATE ORDERS. THE PROVISIONS OF SECTION 240 OF THE ACT ARE VERY CLEAR IN THIS REGARD. WE ARE, THEREFORE, OF THE VIEW THAT THE PRESENT MISCELLANEOUS PETITION IS MISCONCEIVED AND LIABLE T O BE DISMISSED. ACCORDINGLY, THE MISCELLANEOUS PETITION IS DISMISSE D. 5. IN THE RESULT, THE MISCELLANEOUS PETITION IS DIS MISSED. PRONOUNCED IN THE OPEN COURT ON THIS 26 TH DAY OF SEPTEMBER , 2014 . SD/- SD/- ( JASON P. BOAZ ) ( N.V. VASUDEVA N ) ACCOUNTANT MEMBER JUDICIAL MEMBE R BANGALORE, DATED, THE 26 TH SEPTEMBER , 2014 . /D S/ M.P. NO. 13/BANG/2014 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR / SENIOR PRIVATE SECRETARY ITAT, BANGALORE.