Shivamogga District Co-operative Milk Producers Society Union Limited , Shivamogga V. Assistant Commissioner of Income Tax Circle-1 , Shivamogga

SA 138/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6192 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 28-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIMAL ANAND
• Keywords: TDS
• Section: 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BENGALURU BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER SP NO.138/BANG/2019 (IN ITA NO.570/BANG/2019 (ASSESSMENT YEAR: 2013-14) SHIVAMOGGA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LTD., (NOW CALLED SHIMOGA DAVANGERE CHITRADURGA DIST. COOP MILK PRODUCERS SOC UNION LTD.) NH 206, MACHENAHALLI, NIDIGE POST, SHIVAMOGA-577222. PAN:AALAS 8422 L VS. PETITIONER ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1, SHIVAMOGGA. RESPONDENT PETITIONER BY : SHRI SIDDESH GADDI, CA. RESPONDENT BY : SHRI VIMAL ANAND, ADDL.CIT(DR) DATE OF HEARING: 03/05/2019 DATE OF PRONOUNCEMENT: 03/05/2019 O R D E R PER PAVAN KUMAR GADALE, JM : THE ASSESSEE HAS FILED THE STAY PETITION SEEKING STAY OF THE OUTSTANDING DEMAND OF RS.4,41,38,780/- FOR THE ASSESSMENT YEAR 2013-14. THE LEARNED AR SUBMITTED THAT THE TOTAL TAX DEMAND INCLUDING INTEREST RS. 6,36,54,000/- A SUM OF RS.1,95,54,000/- HAS ALREADY BEEN PAID AND BALANCE OF RS.4,41,38,780/- IS OUTSTANDING. SP NO.138/BANG/2019 PAGE 2 OF 3 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A CO- OPERATIVE SOCIETY ENGAGED IN SALE OF MILK AND MILK PRODUCTS AND THE RETURN OF INCOME WAS ELECTRONICALLY FILED ON 29/09/2013 DECLARING A TOTAL INCOME OF RS.1,00,99,240/-. THE RETURN OF INCOME WAS PROCESSED U/S 143(1) OF THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT]. SUBSEQUENTLY THE CASE WAS SELECTED FOR SCRUTINY UNDER CASS AND NOTICE U/S 143(2) OF THE ACT WAS ISSUED AND THE AO HAS DISALLOWED THE FREIGHT CHARGES FOR NON- DEDUCTION OF TDS AND ASSESSED THE TOTAL INCOME OF RS.16,26,50,780/- AND THE CIT(A) HAS DISMISSED THE APPEAL. THE LEARNED AR SUBMITTED THAT THE ASSESSEE HAS GOT A PRIMA FACIE CASE ON MERITS FOR GRANT OF STAY AND ALTERNATIVELY, THE LEARNED AR PRAYED FOR AN EARLY HEARING OF THE APPEAL. CONTRA, THE LD. DR SUBMITTED THAT THE ASSESSEE HAS NOT PROVED ANY FINANCIAL HARDSHIP AND SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED MATERIAL ON RECORD. THE LEARNED AR COULD NOT EXPLAIN THE FINANCIAL HARDSHIP OF THE ASSESSEE AND GENUINE DIFFICULTY IN PAYMENT OF DISPUTED DEMAND. HENCE, WE DECLINE TO GRANT STAY OF OUTSTANDING TAX DEMAND. HOWEVER, CONSIDERING THE ALTERNATIVE PRAYER OF THE LEARNED AR, WE ARE INCLINED TO GRANT THE EARLY HEARING OF THE APPEAL ON 09/05/2016. IF THE ASSESSEE WANTS TO FILE ANY PAPER SP NO.138/BANG/2019 PAGE 3 OF 3 BOOK, THE SAME SHOULD BE FILED AS PER ITAT RULES. SINCE THE DATE OF HEARING IS MENTIONED IN THE OPEN COURT TO BOTH THE PARTIES NO SEPARATE NOTICE OF HEARING IS ISSUED AND WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE STAY PETITION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3RD MAY, 2019. SD/- SD/- (B.R. BASKARAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU D A T E : 03/05/2019 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)- 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE