Lakshmi Vilas Bank Limited, Guntur V. The Income Tax Officer, Ward-1 (TDS), Guntur

MA 27/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3187 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 05-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 201(1); 20

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER M . A .NO. 2 7 /VIZ/201 9 (ARISING OUT OF I.T.A NO. 164 /VIZ/201 9 ) ( / A SSESSMENT Y EAR : 20 1 5 - 1 6 ) M/S LAKSHMI VILAS BANK LTD., D.NO.23 - 1 - 97, MAIN ROAD PATNAM BAZAR GUNTUR [PAN : HYDTO2140F ] ( / APPELLANT) VS. IN COME TAX OFFICER WARD - 1 (TDS) GUNTUR ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI, AR / RESPONDENT BY : SHRI B.RAMA KRISHNA, DR / DATE OF HEARING : 0 6 .0 3 .2020 / DATE OF PRONOUNCEMENT : 06 .0 3 . 20 20 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : IN THE INSTANT CASE, THE ASSESSEE HAS FILED APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN ORDER NO. 10029/GNT/CIT(A)/2 - 2016 - 17 DATED 09/01/2019 AND THIS TRIBUNAL PASSED THE COMMON ORDER IN ITA 163/VIZ/2019 AND 164/VIZ/2019 DATED 21.06.2019. THE ITAT HAS PARTLY ALLOWED THE APPEAL OF THE ASSESSEE. THE ASS ESSEE FILED MISCELLANEOUS 2 M .A. NO . 2 7 /VIZ/201 9 , A.Y.20 1 5 - 1 6 M/S LAKSHMI VILAS BANK LTD., GUNTUR APPLI CATION AGAINST THE ORDER NO.164/ VIZ/2019 FOR THE A.Y.2015 - 16 STATING THAT IN THE CASE OF SMT.SUMAN PINNAMANENI VEERAGANDHAM, THE ITAT HAS CONFIRMED THE LIABILITY U/S 201(1) AND 201(1A) OF THE INCOME TAX ACT, 1961 (IN SHORT A CT) BECAUSE OF NON - SUBMISSION OF PAN AND SUBMITTED THAT SMT.SUMAN PINNAMANENI VEERAGANDHAM IS AN NRI AND DEPOSIT WAS MADE FROM NR(E) ACCOUNT, THUS, THERE IS NO LIABILITY ON THE PART OF THE PAYER TO DEDUCT THE TAX AT SOURCE AND CONSEQUENTLY NO LIABILITY ARISES U/S 201(1)/(1A), HENCE REQUESTED TO RECALL THE ORDER AND READJUDICATE THE ISSUE. IT IS ALSO SUBMITTED BY THE ASSESSEE, THAT THIS FACT WAS BROUGHT TO THE NOTICE OF THE ITAT AT THE TIME OF APPEAL HEARING, HOWEVER, THE ITAT HAS NOT CONSIDERED THE SUBMI SSION IN THE ORDERS PASSED. THEREFORE, REQUESTED TO RECALL THE ORDER TO DECIDE THE ISSUE OF SMT.SUMAN PINNAMANENI VEERAGANDHAM. 2. ON THE OTHER HAND, THE LD.DR OBJECTED FOR RECALLING THE ORDER. 3. WE HAVE HEARD BOTH THE PARTIES, GONE THROUGH THE ORDE R OF THIS TRIBUNAL AS WELL AS THE RECORDS AND FIND THAT THERE IS A MISTAKE IN THE ORDER OF THIS TRIBUNAL WITH REGARD TO LIABILITY OF TDS IN THE CASE OF SMT.SUMAN PINNAMANENI VEERAGANDHAM IN PAGE NO.5, AT SL.16. THEREFORE, WE RECALL THE ORDER AND POST THE CASE FOR HEARING ON 23.03.2020 FOR LIMITED PURPOSE OF 3 M .A. NO . 2 7 /VIZ/201 9 , A.Y.20 1 5 - 1 6 M/S LAKSHMI VILAS BANK LTD., GUNTUR DECIDING THE TDS LIABILITY OF SMT. PINNAMANENI VEERAGANDHAM. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. A CCORDINGLY, MA OF THE ASSESSEE IS ALLOWED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH MARCH, 2020. SD/ - SD/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 06 . 0 3 .20 20 L.RAMA, SPS 4 M .A. NO . 2 7 /VIZ/201 9 , A.Y.20 1 5 - 1 6 M/S LAKSHMI VILAS BANK LTD., GUNTUR / COPY OF THE ORDER FORWARDED TO: - 1. / THE ASSESSEE - M/S LAKSHMI VILAS BANK LTD., D.NO.23 - 1 - 97, MAIN ROAD, PATNAM BAZAR, GUNTUR 2 . / THE REVENUE IN COME TAX OFFICER, WARD - 1 (TDS), GUNTUR 3. / THE COMMISSIONER OF INCOME TAX , TDS, VIJAYAWADA 4. ( ) / THE COMMISSIONER OF INCOME - TAX (APPEALS) - 2 , GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM