M.P.Subramaniam, Erode V. DCIT, Coimbatore

MA 148/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3575 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-11-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 16-10-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 27-08-2015
• Court: TRIBUNAL
• Department Lawyers: A B KOLI JCIT
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , . ! '# , $ %& BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER (IN ITA NOS. 1021 TO 1025/MDS/2014) / ASSESSMENT YEARS : 2002-03 TO 2006-07 SHRI M.P.SUBRAMANIAM, C/O. SHRI S. SRIDHAR, ADVOCATE, 112/1, PERIYAR STREET, ERODE 1. PAN AMOPS9561J PETITIONER) V. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-I, COIMBATORE. RESPONDENT) PETITIONER BY : SHRI S. SRIDHAR, ADVOC ATE RESPONDENT BY : SHRI A.B.KOLI, JCIT ! ' #$ %&' / DATE OF HEARING : 16.10.2015 () #$ %&' / DATE OF PRONOUNCEMENT: 11.11.2015 ' / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER BY THESE MISC. PETITIONS, THE ASSESSEE SEEK RECT IFICATION OF THE ORDER OF THE TRIBUNAL DATED 29.4.2015, WITH REGARD TO LEVY - - MA 147 TO 151/15 2 OF INTEREST U/S.234B OF THE I.T. ACT, 1961. 2. THE LD. AR SUBMITTED THAT THE ASSESSEE HAS RAISE D THE ISSUE REGARDING LEVY OF INTEREST U/S.234B OF THE AC T SPECIFICALLY WITH REFERENCE TO THE PERIOD FOR WHICH INTEREST U/S .234B IS TO BE LEVIED. HE FURTHER SUBMITTED THAT DESPITE OF THIS, THE TRIBUNAL FAILED TO ADJUDICATE THE ISSUE IN PROPER PERSPECTIV E. 3. THE LD. DR SUBMITTED THAT THERE IS NO MISTAKE AP PARENT ON RECORD WHICH WARRANTS RECTIFICATION OF THE ORDER OF THE TRIBUNAL ON THE ABOVE ISSUE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. ADMITTEDLY, THE ASSESSEE HAS RAISED THE ISSUE WITH REGARD TO LEVY OF INTEREST U/S.234B AS GROUND NOS. 3 & 4, WHICH READS AS FOLLOWS : 3) THE LEARNED CIT(A) ERRED IN NOT CONSIDERING THE JURISDICTIONAL DECISION BY THE ITAT WAS REGARD TO INTEREST U/S.234B. - - MA 147 TO 151/15 3 4) THE LEARNED CIT(A) ERRED IN NOT CONSIDERING THE CONSISTENT VIEW TAKEN BY THE JURISDICTIONAL ITAT WI TH RESPECT TO LEVY OF INTEREST U/S.234B. 5. THE TRIBUNAL ADJUDICATED THESE GROUNDS IN ITS OR DER CITED SUPRA IN PARAGRAPHS 2 TO 7 AND GIVEN A FINDING THAT THE ISSUE IS COVERED BY THE EARLIER DECISION OF THE CO-ORDINATE BENCH IN THE CASE OF R. SARATH AND OTHERS V. DCIT, COIMBATORE IN ITA NO.2322/MDS/2013 DATED 25.3.2014, WHICH IS BASED ON THE EARLIER DECISION OF THE TRIBUNAL IN THE CASE OF ACI T V. V.N.DEVADOSS IN ITA NOS. 1219 & 1221/MDS/2012 DATED 4.2.2013 AND DECIDED THE ISSUE IN FAVOUR OF THE ASS ESSEE WITH DIRECTION TO RECOMPUTE THE INTEREST IN THE LIGHT OF ABOVE JUDGMENT. NOW, THE PLEA OF THE LD. AR THAT THE TRIBUNAL FAILE D TO ADJUDICATE THAT ISSUE, IS TOTALLY MISCONCEIVED. BEING SO, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE TRIBUNAL AND THE MISC . PETITIONS ARE DISMISSED. 6. IN OUR OPINION, THE MAIN APPREHENSION OF THE ASS ESSEES COUNSEL IS THAT THE ASSESSING OFFICER MAY NOT CORRE CTLY COMPUTE THE INTEREST U/S.234B OF THE ACT. LATER, IF THERE IS ANY FAILURE ON THE PART OF THE ASSESSING OFFICER TO FOLLOW THE DIR ECTIONS OF THE - - MA 147 TO 151/15 4 TRIBUNAL IN A TRUE SPIRIT, THE REVENUE LIES ELSEWHE RE THROUGH THESE MISC. PETITIONS. 7. IN THE RESULT, THE MISC. PETITIONS ARE DISMISSED . ORDER PRONOUNCED ON WEDNESDAY, THE 11 H OF NOV., 2015 AT CHENNAI. SD/- SD/- ( . + ! , ) ( -./ 0 1 2& ) 34567898: ;<8=68>86?: @# +A /JUDICIAL MEMBER BC' +A DEE5= 8= FGHF6 -C@' /CHENNAI, I+.# /DATED, THE 11 TH NOV., 2015. MPO* J+CK#$%LBM0NOCM% /COPY TO: 1. N0B /APPELLANT 2. /RESPONDENT 3. J#J ! P%N0B: /CIT(A) 4. J#J ! P% /CIT 5. MQ,%R /DR 6. ,ST'B /GF.