ROCKLINE DEVELOPERS PRIVATE LIMITED, MUMBAI V. INCOME TAX OFFICER 9(3)(4), MUMBAI

MA 82/MUM/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5625 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 21-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUM BAI , BEFORE S/SHRI JOGINDER SINGH, J.M. AND RAJENDRA, A. M. / MA.NO 82/MUM/2017 ARISING OUT OF ITA NO.6595/MUM/2014 FOR A.Y.2011-12 M/S.ROCKLINE DEVELOPERS PVT. LTD, 801, HUBTOWN SOLARIS, N.S.PHADKE MARG, OFF. TELI GALI, ANDHERI (EAST), MUMBAI 400 052. PAN: AAACR4467P VS. THE INCOME TAX OFFICER 9 (3)(4), MUMBAI. ( APPELLANT ) ( RESPONDENT ) REVENUE BY: SHRI RAJESH KUMAR YADAV - DR ASSESSEE BY: SHRI BHARAT KUMAR DATE OF HEARING : 08/12/2017 / DATE OF PRONOUNCEMENT : 08/12/2017 , 1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) , -PER RAJENDRA,AM: VIDE ITS APPLICATION,DATED 20/02/2017,THE ASSESSEE HAS STATED THERE WERE CERTAIN MISTAKES IN THE ORDER OF TRIBUNAL,DATED 01/01/2016, THAT SAME WERE TO BE RECTIFIED AS PER THE PROVISIONS OF SECTION 254(2)OF THE ACT,THAT IT HAD RAISED A SPECI FIC POINT ABOUT INTEREST CHARGE U/S.234C OF THE ACT, THAT WHILE DECIDING THE APPEAL THE TRIBUNAL HA D NOT ADJUDICATED THE ISSUE OF LEVY OF INTEREST U/S.234C OF THE ACT. 2.DURING THE COURSE OF HEARING BEFORE US, THE AUTHO RISED REPRESENTATIVE (AR) RE-ITERATED THE SUBMISSIONS THAT ARE PART OF THE MA AND STATED TH AT THE ASSESSED INCOME WAS BELOW THE RETURNED INCOME, THAT INTEREST U/S.234C OF THE ACT WAS TO BE COMPUTED ON THE BASIS OF RETURNED INCOME, THAT THE ASSESSEE HAD FILED RETURN ON 28/09/2011, D ECLARING INCOME AT RS.NIL. HE REFERRED TO THE MA NO.82 OF 2017 FOR M/S.ROCKLINE DEVELOPERS PVT. L TD 2 CASE OF ABHISHEK COTSPIN MILLS LTD., ITA 02/PN/2014 DATED 12/06/2015. THE DR LEFT THE ISSUE TO THE DISCUSSION OF THE BENCH. 3.WE HAVE HEARD THE RIVAL SUBMISSIONS, WE FIND THAT THE ASSESSEE HAD AGITATED THE ISSUE OF LEVY OF INTEREST U/S.234C OF THE ACT, THAT THE TRIBUNAL HAD NOT DECIDED THE GROUND THAT WAS SPECIFICALLY RAISED,THAT THE RETURNED INCOME OF THE ASSESSEE WAS NIL. RESPECTFULLY FOLLOWING THE ORDER OF TRIBUNAL ABHISHEK COTSPIN MILLS LTD (SUPRA), WE HO LD THAT THE INTEREST U/S.234C WAS NOT LEVIABLE.EFFECTIVE GROUND OF APPEAL RAISED BY THE A SSESSEE IN THE MA IS DECIDED IN ITS FAVOUR. AS A RESULT, MA FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH DECEMBER, 2017. 8 , 2017 SD/- SD/- / JOGINDER SINGH) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED : 08.12 .2017. S.GANGADHARA RAO, SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR A BENCH, ITAT, MUMBAI / , , . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.