TATA COMMUNICATIONS LTD ( FORMERLY VIDESH SANCHAR NIGAM LTD), MUMBAI V. DCIT RG 1(3), MUMBAI

MA 44/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6779 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2002-2003
• Appeal Filed On: 30-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER MA NO.44/M/2017 (ARISING OUT OF ITA NO.974/M/2013) ASSESSMENT YEAR: 2002-03 M/S. TATA COMMUNICATIONS LTD., (FORMERLY VIDESH SANCHAR NIGAM LIMITED) VIDESH SANCHAR BHAVAN, M.G. ROAD, FORT, MUMBAI 400 001 PAN: AAACV2808C VS. DEPUTY COMMISSIONER OF INCOME TAX-1(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI NITESH JOSHI, A.R. REVENUE BY : SHRI RAM TIWARI, D.R. DATE OF HEARING : 23.03.2018 DATE OF PRONOUNCEMENT : 08.06.2018 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSES SEE SEEKS THE RECTIFICATION OF THE ORDER DATED 23.08.2016 PASSED IN ITA NO.974/M/2013 FOR A.Y. 2002-03. 2. THE LD. A.R. SUBMITTED BEFORE US THAT THE SUPPLEMEN TARY ADDITIONAL GROUND NO.4 FILED ON 18.05.2016 WHICH WAS IN RESPECT OF COMPUTATION OF INTEREST UNDER SECTION 23 4D HAS NOT BEEN ADJUDICATED WHILE PASSING THE IMPUGNED ORDER A ND THEREFORE THE NON ADJUDICATION OF THE ABOVE SUPPLEM ENTARY GROUND NO.4 HAS RESULTED INTO AN APPARENT AND PRIMA FACIE MISTAKE IN THE ORDER PUTTING THE ASSESSEE IN AN ADV ERSE MA NO.44/M/2017 (ARISING OUT OF ITA NO.974/M/2013) M/S. TATA COMMUNICATIONS LTD. 2 POSITION FOR NO FAULT OF ITS OWN. THE LD. COUNSEL MOST RESPECTFULLY SUBMITTED THAT THIS CONSTITUTE A MISTA KE APPARENT IN THE ORDER WITHIN THE MEANING OF SECTION 254(2) W HICH MAY KINDLY BE RECTIFIED IN THE INTEREST OF JUSTICE AND FAIRPLAY. 3. THE LD. D.R., ON THE OTHER HAND, FAIRLY CONCEDED THA T THE SAID GROUND RAISED BY THE ASSESSEE HAS NOT BEEN ADJ UDICATED WHILE PASSING THE IMPUGNED ORDER AND THUS DID NOT O BJECT TO THE RECTIFICATION OF THE SAID ORDER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS OF BOTH THE P ARTIES AND PERUSED THE MATERIAL ON RECORD. A PERUSAL OF TH E RECORD BEFORE US REVEALS THAT ASSESSEE HAS FILED THE ADDIT IONAL SUPPLEMENTARY GROUND NO.4 WHICH READS AS UNDER: GROUND NO.4: COMPUTATION OF INTEREST U/S 234D: ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AND IN LAW, WHILE COMPUTING INTEREST U/S 234D, THE INTEREST GRANTED EARLIER U/S 244A OUGHT TO HAVE BEEN EXCLUDED FROM THE REFUND AMOUNT IN ACCORDANCE WITH LAW AND THE CURRENT LEGAL POSITION. 5. WE FIND FROM THE RECORD BEFORE US THAT WHILE PASS ING THE ORDER DATED 23.08.2016 THE SAID GROUND HAS NOT BEEN ADJUDICATED INADVERTENTLY AND THEREFORE WE FIND MER IT IN THE CONTENTION OF THE LD. A.R. THAT THERE IS A MISTAKE APP ARENT IN THE ORDER WHICH REQUIRES RECTIFICATION UNDER SECTI ON 254(2) OF THE ACT. ACCORDINGLY, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED AND THE ISSUE IS BEING ADJUDICA TED IN THE ENSUING PARAS. 6. WE FIND FROM THE RECORD BEFORE US THAT THE SIMILA R ISSUE HAS BEEN ARISEN IN THE OWN CASE OF THE ASSESSEE IN ITA MA NO.44/M/2017 (ARISING OUT OF ITA NO.974/M/2013) M/S. TATA COMMUNICATIONS LTD. 3 NO.1285/M/2013 DATED 29.02.2016 AND ITA NO.4221/M/20 05 A.Y. 2001-02 AND DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. THE RELEVANT EXTRACT OF ITA NO.1285/M/2013 IS REPROD UCED AS UNDER: 9. AT THE OUTSET, BOTH LEARNED COUNSELS BOTH THE P ARTIES AGREED BEFORE US THAT THE ISSUE IS COVERED BY THE DECISION OF THE TRIBUNAL IN ASSESSEE'S OWN CASE FOR ASSESSMENT YEAR 2001-02 IN ITA NO.4221/MUM./2005 DA TED 8TH JULY 2015. ON A PERUSAL OF THE ORDER REFERRED TO ABOVE, IT IS OBSER VED THAT THE CO-ORDINATE BENCH OF THE TRIBUNAL ACCEPTING ASSESSEE'S CLAIM DIRECTED TH E ASSESSING OFFICER TO COMPUTE THE INTEREST UNDER SECTION 234D BY EXCLUDING THE INTEREST UNDER SECTION 244A FOR THE PERIOD BEGINNING ON 1 ST JUNE 2003. IN TERMS OF THE DIRECTION OF THE CO-ORDINATE BENCH OF THE TRIBUNAL AS AFORESAID, WE DIRECT THE A SSESSING OFFICER TO EXCLUDE THE INTEREST GRANTED UNDER SECTION 244A EARLIER AND RE-COMPUTE THE INTEREST UNDER SECTION 234D OF THE ACT ACCORDINGLY. THUS, GROUND NO.3, IS ALLO WED. 7. A PERUSAL OF THE ABOVE PARA SHOWS THAT THE CO-OR DINATE BENCH OF THE TRIBUNAL HAS DIRECTED THE AO TO COMPUT E THE INTEREST UNDER SECTION 234D BY EXCLUDING THE INTERE ST UNDER SECTION 244A. ACCORDINGLY, WE DIRECT THE AO TO EXC LUDE THE INTEREST GRANTED EARLIER UNDER SECTION 244A AND REC OMPUTE THE INTEREST UNDER SECTION 234D OF THE ACT. THUS, THE GROUND NO 4 IS ALLOWED. MISCELLANEOUS APPLICATION IS DISPOSED OF ACCORDINGLY. ACCORDINGLY, THE ORDER DA TED 23.08.2016 IS STANDS AMENDED TO THIS EXTENT AND OUR D ECISION ON GROUND NO.4 BE TREATED AS PART OF THE SAID ORDE R. RESULTANTLY THE MISCELLANEOUS APPLICATION AS WELL A S SUPPLEMENTARY GROUND NO.4 ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.06.2018. SD/- SD/- (JOGINDER SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 08.06.2018. * KISHORE, SR. P.S. MA NO.44/M/2017 (ARISING OUT OF ITA NO.974/M/2013) M/S. TATA COMMUNICATIONS LTD. 4 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ ASSTT. REGISTRAR, ITAT, MUMBAI.