PT Express Lines P Ltd., CHENNAI V. ITO Corporate Ward 5(2), CHENNAI

MA 245/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4346 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 20-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Keywords: TDS
• Section: 43B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO.245/CHNY/2018 IN I.T.A.NO.678/CHNY/2018 ( / ASSESSMENT YEAR :2014-15) M/S. P.T. EXPRESS LINES P. LTD., 148, PERAMBUR BARRACKS RAOD, PURASAWALKAM, CHENNAI 600 007. VS THE INCOME TAX OFFICER, CORPORATE WARD 5(2), CHENNAI. PAN: AAECP6191J ( / APPLICANT) ( / RESPONDENT) / APPLICANT BY : SHRI S. SRIDHAR, ADVOCATE /RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT /DATE OF HEARING : 08.02.2019 /DATE OF PRONOUNCEMENT : 08.02.2019 / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO.678/CHNY/2018 DATED 03.12.2018 FOR THE ASSESSMENT YEAR 2014-15. 2. AT THE OUTSET THE LD.AR SUBMITTED BEFORE US THAT THE GROUND NO.3, 4 & 5 RAISED IN THE APPEAL WAS NOT ADJUDICATED BY THE TRIBUNAL IN ITS ORDER DATED 03.12.2018 IN ITA NO.678/CHNY/2018. IT WAS THEREFORE PLEADED THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED IN ORDER TO ADJUDICATE THE LEFT OUT GROUNDS RAISED BY THE ASSESSEE IN THE APPEAL. THE LD.DR COULD NOT CONFRONT TO THE SUBMISSION OF THE LD.AR. 2 MP NO.245/CHNY/2018 3. AFTER HEARING BOTH SIDES, WE FIND MERIT IN THE SUBMISSION OF THE LD.AR. THE GROUND NO.3,4 & 5 RAISED BY THE ASSESSEE IN THE APPEAL WAS INADVERTENTLY LEFT OUT TO BE ADJUDICATED BY THE TRIBUNAL ON THE EARLIER INSTANCE. HENCE IN THE INTEREST OF JUSTICE WE HEREBY RECALL THE ORDER OF THE TRIBUNAL DATED 03.12.2018 IN ORDER TO ADJUDICATE THE GROUND NO.3, 4 & 5 RAISED IN THE APPEAL AND THEY ARE EXTRACTED HEREIN BELOW FOR REFERENCE:- 3. THE CIT(APPEALS) ERRED IN SUSTAINING THE DISALLOWANCE OF RS.6,128/- BEING THE INTEREST PAID ON TDS IN THE COMPUTATION OF TAXABLE TOTAL INCOME WITHOUT ASSIGNING PROPER REASONS AND JUSTIFICATION. 4. THE CIT(APPEALS) ERRED IN SUSTAINING THE DISALLOWANCE OF RS.13,10,598/- BEING THE BONUS WITHIN THE SCOPE OF SECTION 43B OF THE ACT IN THE COMPUTATION OF TAXABLE TOTAL INCOME WITHOUT ASSIGNING PROPER REASONS AND JUSTIFICATIONS. 5. THE CIT(APPEALS) ERRED IN SUSTAINING THE DISALLOWANCE OF RS.10,49,025/- BEING THE GRATUITY WITHIN THE SCOPE OF SECTION 40A(7) OF THE ACT IN THE COMPUTATION OF THE TAXABLE TOTAL INCOME WITHOUT ASSIGNING PROPER REASONS AND JUSTIFICATIONS. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED AS INDICATED HEREIN ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH FEBRUARY, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 8 TH FEBRUARY, 2019 RSR . /COPY TO: 1. /APPLICANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF. ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER