M/s. Epcos India Private Limited, Nadia V. DCIT, Circle -11(1), Kolkata , Kolkata

MA 48/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6608 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 19-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 234B

Judgement Text

1 MA NO. 47-48/KOL/2018 EPCOS INDIA PVT. LTD. AYS, 2011-12 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] MA NO.47/KOL/2018 IN I.T.A. NO.278 /KOL/2016 AY: 2011-12 EPCOS INDIA PRIVATE LIMITED (PAN: AAACI6950Q) VS. JOINT COMMISSIONER OF INCOME-TAX, RANGE-11, KOLKATA. (APPLICANT_ (RESPONDENT) & MA NOS. 48 & 49/KOL/2018 IN ITA NOS. 322/KOL/2016 & 506/KOL/2017 AYS: 2021-12 & 2012-13 EPCOS INDIA PRIVATE LIMITED (PAN: AAACI6950Q) VS. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-11(1), KOLKATA. APPLICANT RESPONDENT DATE OF HEARING 04.05.2018 DATE OF PRONOUNCEMENT 04.05.2018 FOR THE APPLICANT SHRI ARIJIT CHAKRABORTY, AR FOR THE RESPONDENT SHRI SAURABH KUMAR, ADDL. CIT, SR. DR ORDER PER SHRI A.T.VARKEY, JM THE ASSESSEE HAS PREFERRED THESE MISC. APPLICATIONS FOR RECALLING OF THE THE ORDER OF THE TRIBUNAL DATED 15.12.2017 FOR AYS. 2011-12 AND 2012-13. 2. HEARD BOTH THE PARTIES. IT HAS BEEN BROUGHT TO OUR NOTICE THAT FOLLOWING TAX ISSUES FOR ALL THE YEARS HAVE BEEN INADVERTENTLY NO T ADJUDICATED BY US: 2 MA NO. 47-48/KOL/2018 EPCOS INDIA PVT. LTD. AYS, 2011-12 FOR ITA NO. 278/KOL/2016 GROUND NO. 12 : ON THE FACTS OF THE CASE AND IN LAW, THE AO HAVE GR OSSLY ERRED IN NOT GRANTING CREDIT OF TAXES FOR A SUM OF INR 1,48,29,182 IN ACCORDANCE WITH THE PROVISIONS OF SECTION 115JAA OF THE ACT. GROUND NO. 13: ON THE FACTS OF THE CASE AND IN LAW, THE AO HAVE GR OSSLY ERRED IN NOT GRANTING CREDIT OF TAX DEDUCTED AT SOURCE FOR A SUM OF RS.22,950/-. FOR ITA NO. 322/KOL/2016 GROUND NO. 1: THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND AS PER LAW LD. DRP ERRED IN ALLOWING THE CASH DISCOUNT OF RS.1,00,50,2 39/- AND TRADE DISCOUNT OF RS.1,54,82,000/-. GROUND NO. 2: THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND AS PER LAW LD. DRP ERRED IN DELETING ADDITION U/S. 40(A)(IA) AMOUNTING TO RS.2,55,32,239/- WHICH WAS ADDED BACK BY AO AS NON-DEDUCTION OF TDS ON THE PAY MENTS OF CASH DISCOUNT AND TRADE DISCOUNT. FOR ITA NO. 506/KOL/2017 GROUND NO. 12: THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE LEARNED AO ERRED IN DISALLOWING CLAIM FOR CASH DISCOUNT AND TRADE DISCO UNT ON SALES AMOUNTING IN AGGREGATE TO INR 1,49,29,364 INCURRED BY THE COMPAN Y AND THE LEARNED DRP GROSSLY ERRED IN CONFIRMING THE ACTION OF THE LEARN ED AD DESPITE THE ISSUE BEING SETTLED IN FAVOR OF THE COMPANY BY THE CLT (APPEALS ) FOR AY 2008-09 TO AY 2010-11 AND THE LEARNED DRP FOR AY 2011-12 GROUND NO 13 THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE LEARNED AO AND THE LEARNED DRP ERRED IN NOT ALLOWING CLAIM FOR EXPENSE S TOWARDS CASH DISCOUNT (INR 47,26,069) AND TRADE DISCOUNT (INR 1,02,03,295) AGG REGATING TO INR 1,49,29,364 BY INVOKING SECTION 40(A)(IA) OF THE ACT. 3 MA NO. 47-48/KOL/2018 EPCOS INDIA PVT. LTD. AYS, 2011-12 GROUND NO 14 THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE THE LEARNED AD SHOULD BE DIRECTED TO GRANT CONSEQUENT RELIEF TOWARDS INTERES T LEVIED U/S 234B OF THE ACT. SO, IT IS A MISTAKE APPARENT FROM RECORDS. SO, WE RECALL OUR ORDER DATED 15.12.2017 FOR THE LIMITED ISSUE ONLY FOR DECIDING THE AFORESAID ISSUES NOT ADJUDICATED. THESE APPEALS TO BE FIXED IN DUE COURSE. 3. IN THE RESULT, THE MISC. APPLICATIONS OF THE ASS ESSEE ARE ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (J. SUDHAKAR. REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4 TH MAY, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT EPCOS INDIA PRIVATE LIMITED, WBIDC G ROWTH CENTRE, KULIA KANCHRAPARA ROAD, P.O. NETAJI SUBHAS SANITORIUM, KA LYANI, NADIA, WEST BENGAL. 2 RESPONDENT JCIT/DCIT RANGE-11 & CIRLE-11(1), KO LKATA. 3. THE CIT(A) KOLKATA 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY