MILLWARD BROWN MARKET RESEARCH SERVICES INDIA P.LTD, MUMBAI V. DCIT 10(2)(2), MUMBAI

MA 213/MUM/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1463 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2012-2013
• Appeal Filed On: 28-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS; FORM 26AS
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI , ! $ , % & BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER M.A.NO.213/MUM/2020 (ARISING OUT OF ITA NO. 2239/MUM/2017,A.Y.2012-13) MILLWARD BROWN MARKET RESEARCH SERVICES INDIA PRIVATE LIMITED, 702,7 TH FLOOR, ACKRUTI STAR, MIDC CENTRAL ROAD, NEXT TO MAROLE TELEPHONE EXCHANGE, ANDHERI (E) MUMBAI 400 093 PAN: AAFCM 3114M ...... APPLICANT VS. DY. COMMISSIONER OF INCOME TAX -10(2)(2), ROOM NO.209, 2 ND FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ..... RESPONDENT APPLICANT BY : SHRI DIVESH CHAWLA RESPONDENT BY : MS. SMITA VERMA '( / DATE OF HEARING : 04/12/2020 *+ '( / DATE OF PRONOUNCEMENT : 04/12 /2020 / ORDER PER VIKAS AWASTHY, JM: THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE SEEKING CERTAIN RECTIFICATION IN THE TRIBUNAL ORDER DATED 18/02/20 20. 2 M.A.NO.213/MUM/2020 2. IT HAS BEEN SUBMITTED IN THE MISCELLANEOUS PETIT ION THAT THE GROUND NO.14 RELATING TO TDS HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. THE L D.AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE ISSUE IN GROUND NO.10 T O 13 OF APPEAL AND GROUND NO.14 OF THE APPEAL ARE ON SAME ISSUE OF TDS. THEREFORE, IF THE DIRECTIONS GIVEN BY THE TRIBUNAL VIDE PARA-9 OF THE ORDER WHEREBY GROUND NO.10 TO 13 HAVE BEEN ADJUDICATED ARE SUITABLY MODIFIED, THE SAME CAN BE APPLIED TO GROUND NO.14 O F THE APPEAL. 3. MS. SMITA VERMA, REPRESENTING THE DEPARTMENT FAI RLY ADMITTED THAT THE GROUND NO.14 OF THE APPEAL BY ASSESSEE HAS NOT BEEN ADJUDI CATED BY THE TRIBUNAL. THE LD.DEPARTMENTAL REPRESENTATIVE FURTHER CONCURRED T HAT THE ISSUE IN GROUND NO.10 TO 13 AND GROUND NO.14 PERTAIN TO TDS. 4. AFTER GOING THROUGH THE MISCELLANEOUS PETITION AND AFTER HEARING BOTH THE REPRESENTATIVES WE OBSERVE THAT WHILE DECIDING THE APPEAL, GROUND NO.14 OF THE APPEAL INADVERTENTLY REMAIN TO BE ADJUDICATED. THEREFORE, THE ORDER DATED 18/02/2020 REQUIRES RECTIFICATION. BOTH SIDES ARE IN AGREEMENT THAT TH E ISSUE RAISED IN GROUND NO.10 TO 13 AND GROUND NO.14 ARE INTER-RELATED, THEREFORE, THE DIRE CTIONS GIVEN WHILE ADJUDICATING GROUNDS OF APPEAL NO.10 TO 13 CAN BE APPLIED ON GROUND NO.14 W ITH SUITABLE MODIFICATION. THE GROUND NO.9 OF THE ORDER DATED 18/02/2020 IS ACCORDINGLY M ODIFIED. PARA 9 OF THE ORDER WOULD NOW READ AS UNDER: 9. IN GROUND NO.10 TO 14 OF THE APPEAL, ASSESSEE HAS ASSAILED DISALLOWANCE OF TDS CREDIT. DURING THE ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER ASKED THE ASSESSEE TO RECONCILE THE PAYMENTS RECEIVED AND THE TDS REFLECTED IN FORM 26AS. THE ASSESSEE FURNISHED DETAILS OF THE TRANSACTIONS AND EXPLAINED THAT DIFFERENCE IN REVENUE RECOGNIZED IN THE BOOKS OF ACCOUNT AND THE TDS REFLECTED IN FORM 26AS IS ON ACCOUNT OF DIFFERENCE BETWEEN THE PERIOD OF RECOGNI TION OF PROFIT AND THE AMOUNT RECEIVED. THE LD.AUTHORIZED REPRESENTATIVE OF THE ASSESSEE PLACED RELIANCE ON THE PROVISIONS OF SECTION 199 TO CONTEND THAT THE TDS C REDIT BE GIVEN TO THE ASSESSEE IN THE YEAR IN WHICH THE INCOME IS OFFERED TO TAX. TH E LD.AUTHORIZED REPRESENTATIVE OF THE ASSESSEE POINTED THAT TDS REFLECTED IN FORM 26 AS IN RESPECT OF CERTAIN PAYMENTS 3 M.A.NO.213/MUM/2020 HAS BEEN OFFERED TO TAX BY THE ASSESSEE IN SUBSEQUE NT/ PRECEDING ASSESSMENT YEARS AS THE PAYMENT WAS ACTUALLY RECEIVED/OFFERED BY THE ASSESSEE DURING THE EARLIER/ LATER ASSESSMENT YEAR. AFTER CONSIDERING THE SUBMISSION S OF LD.AUTHORIZED REPRESENTATIVE OF THE ASSESSEE WE DEEM IT APPROPRIA TE TO RESTORE THIS ISSUE BACK TO THE FILE OF ASSESSING OFFICER. THE ASSESSING OFFI CER IS DIRECTED TO GRANT TDS CREDIT TO THE ASSESSEE IN THE YEAR IN WHICH THE ASSESSEE HAS RECEIVED THE INCOME AND HAS OFFERED THE SAME TO TAX. THUS, GROUND NO.10 TO 14 OF THE APPEAL ARE ALLOWED FOR STATISTICAL PURPOSE IN THE TERMS AFORESAID. IT IS RELEVANT TO POINT HERE THAT AFTER MODIFICATIO N IN PARA 9 OF THE ORDER DATED 18/02/2020, THERE WOULD BE NO CHANGE IN THE FINAL OUTCOME OF TH E APPEAL. 5. IN THE RESULT, MISCELLANEOUS APPLICATION BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON FRID AY THE 4 TH DAY OF DECEMBER, 2010. SD/- SD/- (MANOJ KUMAR AGGARWAL ) (VIKAS AW ASTHY) % / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, - / DATED: 04/12/2020 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. . / THE APPELLANT , 2. /( / THE RESPONDENT. 3. 0( ( )/ THE CIT(A)- 4. 0( CIT 5. 34/( , . . . , / DR, ITAT, MUMBAI 6. 46789 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI