ITO, WARD- 2, Khamgaon V. M/S. SATPUDA EDUCATION SOCIETY, Buldhana

MA 4/NAG/2015

• Counselvise Citation: [2014] 117 COUNSELVISE.COM (IT) 8870 (ITAT-NAGPUR)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 23-10-2014
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 18-03-2015
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: JAYANT M RANADE
• Keywords: TDS
• Section: 201(1)

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH: NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M.A.NO. 04,05 & 06/NAG/2016 ( IN ITA NO. 76, 7 7 /NAG/201 4 & 78/NAG/2013 : AY : 20 06 - 07 ) THE DY. COMMISSIONER OF I NCOME TAX (TDS) AAYAKAR BHAWAN, CIVIL LINES, NAGPUR VS UCO BANK LTD., MAHAJAN WADI, SITABULDI, NAGPUR (APPLIC ANT) (RESPONDENT) APPLICANT BY SHRI NARENDRA KANE, D . R . RESPONDENT BY SHRI JAYANT M. RANADE, A.R. DATE OF HEARING : - 01/04/2016 DATE OF P RONOUNCEMENT: - 15 / 0 4 /2016 O R D E R PER SHRI SHAMIN YAHYA , A.M . THIS MISCELLANEOUS APPLICATION HA S BEEN FILED AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL IN ITA NOS . ITA NO.76/NAG/2014, 77/NAG/2014 & 78/NAG/2013 DATED 21.08.2015. IN THE CONCERNED IT A APPEALS THE ISSUE PERTAIN ED TO ORDER PASSED U/S. 201(1) / 201(1A) FOR SHORT DEDUC TION OF TAX AND INTEREST THEREON . ITAT HAD DELETED THE ADDITION PLAC ING RELIANCE UPON DECISION OF ITAT , MUMBAI IN THE CASE OF STATE BANK OF INDIA VS. ACIT REPORTED IN 106 IT D 589 F OR THE PROPOSITION THAT TH E ORDER PASSED AFTER EXPIRY OF THE FOUR YEARS FROM THE END OF RELEVANT FINANCIAL YEAR S IS BARRED BY THE LIMITATION. NOW THE REVENUE HAS PLACED RELIANCE UPON SUB - SECTION ( 3 ) T O SECTION 201 OF THE I NCOME T AX ACT, 1961 WHICH WA S INSERTED W.E.F. THE 1 ST APRIL, 2010. THE SAID SECTION READS AS UNDER: - (3) NO ORDER SHALL BE MADE UNDER SUB - SECTION (1) DEEMING A PERSON TO BE AN ASSESSEE IN DEFAULT FOR FAILURE TO DEDUCT THE WHOLE OR ANY PART OF THE TAX FROM A PERSON FOR FAILURE TO D EDUCT THE WHOLE OR ANY PART OF THE TAX FROM A PERSON RESIDENT IN INDIA. AT ANY TIME AFTER THE EXPIRY OF - (I) TWO YEARS FROM THE END OF THE FINANCIAL YEAR IN WHICH THE STATEMENT IS FILED IN A CASE WHERE THE STATEMENT REFERRED TO IN SECTION 200 HAS BEEN FILED ; (II) FOUR YEARS FROM THE END OF THE FINANCIAL YEAR IN WHICH PAYMENT IS MADE OR CREDIT IS GIVE, IN ANY OTHER CASE; PROVIDED THAT SUCH ORDER FOR A FINANCIAL YEAR COMMENCING ON OR BEFORE THE 1 ST DAY OF APRIL, 2007 MAY BE PASSED AT ANY TIME ON OR BEFORE THE 31 ST D AY OF MARCH, 2011. 2 MA NO. 04,05 & 06/NAG/2016 (IN ITA NO. 7 6,77/NAG/ 2014 & 78 /NAG/201 3 ) A.M.SIR.(MBODKHE,P.S.) 2. REFERRING TO THE ABOVE SECTION THE REVENUE HAS SUBMITTED THAT, IN THIS CASE THE ORDERS WERE PASSED ON 22.0 3 .2011, 26.03.2011 & 28.03.2011 RESPECTIVELY . H ENCE, SINCE THE ORDERS WERE PASSED BEFORE 31.0 3 .2011 THE SAID CASE LA W IS N OT APPLICABLE. LD. COUNSEL OF THE ASSESSEE IN THIS REGARD FAIRLY AGREED TO THE PROPOSITION TH AT THE ITAT ORDER RELIED UPON IN THIS CASE WAS RENDERED PRIOR TO THE AMENDMENT IN THE ACT MENTIONED ABOVE AND I T HAS NO APPLICATION ON THE FACTS OF THIS CASE. 3 . CONSIDERING FACTS OF THE CASE AND HEARING BOTH THE COUNSELS, WE ARE O F THE CONSIDERED OPINION THAT THERE HAS BEEN A MISTAKE APPARENT FROM RECO RD IN THE ORDER OF THE TRIBUNAL, I N AS MUCH AS RELEVANT AN D APPLICABLE SECTION O F THE INCOME TAX LAW HAS NOT BEE N CONSIDERED. ACCORDINGLY, WE RECALL THE AFORESAID ORDER OF THE TRIBUNAL. RE GISTRY IS DIRECTED FIX THE CASE FOR HEARING IN THE NORMAL COURSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF APRIL , 2016. SD/ - SD/ - (MUKUL K . SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: - 15 /04/2016. MANGESH BODKHE /P.S. COPY FORWARDED TO : 1. APPLICANT 2. RESPONDENT 3. C.I.T., CONCERNED 4. CIT (APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR