ALSTOM T & D INDIA LTD.,NOIDA vs. ACIT, NOIDA

These two appeals by the Revenue are preferred against the common order of the Commissioner of Income Tax [Appeals] - Noida dated 13.08.2012 pertaining to assessment years 2008-09 and 2009-10.

In our considered opinion, the language of the Circular 17/2019 dated 08.08.2019 clearly shows that it has referred to the earlier Circular 3/2018 and its amendment dated 20.08.2018 vide which monetary limit for filing of Income tax appeals by the department before the ITAT, Hon'ble High Court, SLP/and appeals before the Hon'ble Supreme Court have been specified. It would be pertinent to refer to the Circular No. 17/2019 which reads as under:

As mentioned elsewhere by Circular 17/2019, the CBDT has further enhanced the monetary limit for filing of appeals and the same is amendment to Circular 3/2018. We find that Clause 13 of Circular 3/2018 reads as under:

In light of the above, we are of the considered opinion that Circular No. 17/2019 shall also apply retrospectively to pending appeals. In that view of the matter, the appeal filed by the Revenue stands dismissed.

As a result, both the appeals of the Revenue stand dismissed.

Both these cross objections are dismissed as withdrawn. [A.Y 2008-09] [A.Y 2009-10]

The common grievance of the assessee is that the ld. CIT(A) erred in confirming the levy of interest u/s 201(1A) of the Act.

At the very outset, the ld. counsel for the assessee drew our attention to the chart of deduction and deposition of TDS u/s 192 of the Act which is as under:

It is the say of the ld. counsel for the assessee that as per provisions of section 192(3) of the Act, adjustment for any excess deduction or deficiency arising out of any previous deduction or failure to deduct during the same F.Y. has been allowed. The ld. counsel for the assessee pointed out that in F.Y. 2007-08, in the months of September to December, there was excess deduction and similarly in F.Y. 2008-09, in the months of July to December, there was excess deduction of tax. The ld. counsel for the assessee stated that if the provisions of section 192(3) are complied with, no interest is leviable.

The ld. DR supported the findings of the Assessing Officer.

We have given thoughtful consideration to the tax deduction and deposition, as exhibited elsewhere, which is part of the assessment order. We find force in the contention of the ld. counsel for the assessee. Provisions of section 192(3) of the Act clearly allow the adjustment of excess deduction in the same previous years. Since there are excess deductions in some months, we deem it fit to restore the issues to the file of the Assessing Officer. The Assessing Officer is directed to examine the chart which is also exhibited in his assessment order itself and decide the issue in light of provisions of section 192(3) of the Act.

Both these appeals are treated as allowed for statistical purposes.

To sum up, in the result, - Dismissed ITA No. 5720/DEL/2012 - Dismissed CO No. 482/DEL/2012 - Withdrawn CO No. 483/DEL/2012 - Withdrawn ITA No. 5789/DEL/2012 - Allowed for statistical purposes Allowed for statistical purposes