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Before: Shri Laliet Kumar & Dr. Mitha Lal Meena
In the Income-Tax Appellate Tribunal, Agra Bench, Agra
Before : Shri Laliet Kumar, Judicial Member And Dr. Mitha Lal Meena, Accountant Member
ITA Nos.229 to 235/Agr/2017 Assessment Years: 2001-02 to 2007-08
Allahabad Bank, AMU vs. Income-tax Officer(TDS), Branch, Aligarh. (PAN: Aligarh. AACCA8464F) (Appellant) (Respondent)
Appellant by None Respondent by Sh. Waseem Arshad, Sr. DR
Date of Hearing 15.07.2019 Date of Pronouncement 15.07.2019
ORDER Per Bench: These are the appeals filed by Allahabad Bank, AMU Branch, Aligarh, feeling
aggrieved by the order dated 01.03.2017 on the following grounds :
Because the learned CIT (A) has erred in law as well as on facts in justifying the act of Assessing Officer in treating the Flexi Fix Deposit as Time Deposit.
Because the learned CIT (A) has erred in law as well as on facts in not accepting the appellant submissions regarding interest paid on NRE Accounts.
Because the learned CIT (A) has erred in law as well as on facts in not appreciating the fact that maximum number of depositor has already included the interest amount and paid tax accordingly while filling their return of income.
Because the learned CIT (A) has erred in law as well as on facts in upholding the TDS liability in respect of the depositors who are exempts from tax.
ITA Nos. 229 to 235/Agr/2017 2
Because the order passed/assessment done was without given proper opportunity, perverse, against the fact and law of the case and liable to be quashed.
None was present on behalf of the assessee and therefore, we have taken the
matter as heard and are deciding the matter in absence of assistance by the counsel
for the assessee.
In these appeals, the order u/s. 201(1) was passed by the lower authorities
for F.Yrs. 2000-01 to 2006-07 on account of short deduction of TDS to be deducted
on the interest other than the interest on securities u/s. 194A of the Income-tax Act,
1961. Later on, a rectification order was also passed by the Assessing Officer.
Feeling aggrieved by the order passed by the Assessing Officer, appeals were filed
before the Commissioner and the Commissioner confirmed the order passed by the
Assessing Officer vide order dated 27.09.2011.
Feeling aggrieved by the order passed by the Commissioner (Appeals), the
assessee has preferred the appeals before the Tribunal. The Tribunal vide order
dated 20.06.2014 has restored back the matter to the file of Assessing Officer for
fresh adjudication.
In these facts, the assessee approached the Assessing Officer and asked by the
Assessing Officer to discharge its onus to prove that no loss to the Revenue is caused
ITA Nos. 229 to 235/Agr/2017 3
on account of non-deduction of TDS, as the payee had paid the Income-tax in
accordance with law and also in accordance with decision of the Tribunal (supra).
The assessee has not cooperated with the Assessing Officer and has not filed
any details with the Assessing Officer and as such, the Assessing Officer was left with
no other option but to pass the impugned order before us.
Feeling aggrieved by the order passed by the Assessing Officer, the assessee
had preferred appeal before the CIT(A). However, before the CIT(A), none had
appeared and as such the ld. CIT(A) has proceeded ex parte against the assessee.
Now the assessee is before us on the grounds mentioned hereinabove. Today,
none is present on behalf of the assessee despite the notices were duly served upon
the assessee for the last date of hearing, i.e., 09.07.2019 and also intimation was sent
for today’s hearing, i.e., 15.07.2019.
We have heard the ld. DR and it was the contention of the ld. DR that the
assessee has nothing to support the case before the Assessing Officer as well as
before the Commissioner and also before this Tribunal and therefore, there is no
representation on behalf of the assessee before the Tribunal. We have gone through
the order passed by the Tribunal. Firstly, the assessee failed to comply with the
directions issued by this Tribunal vide order dated 20.06.2014 whereby the matter
was restored back to the file of the Assessing Officer. Nothing was brought on record
by the assessee before the Assessing Officer or before the first appellate authority or
ITA Nos. 229 to 235/Agr/2017 4
before us. In the light of the above, we do not find any merit in the contention of the
assessee before us and accordingly, the order passed by the Assessing Officer is
confirmed, as the assessee had failed to demonstrate that no loss is caused to
Revenue on account of non-deduction of TDS or short deduction of TDS by the
assessee bank while making the payments to its erstwhile employees on account of
accrual of interest etc. In fact, the assessee has not provided the details of the
employees, their addresses and PAN so that it can be verified by the Assessing
Officer on his own to find out whether the said employees have declared this
interest income in their returns of income or not. In the light of the above, all the
appeals filed by the assessee are dismissed on merits.
In the result, all the appeals are dismissed.
Order pronounced in the open court.
Sd/- Sd/- (Dr. Mitha Lal Meena) (Laliet Kumar) Accountant Member Judicial member
Dated: 15.07.2019 *aks* Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant Registrar Income Tax Appellate Tribunal Agra Bench, Agra