PIRAMAL CORPORATE SERVICES LTD,MUMBAI vs. ACIT (TDS) CIR 2(1), MUMBAI

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ITA 2585/MUM/2014Status: DisposedITAT Mumbai30 October 2015AY 2008-093 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s order, finding no reason to interfere. The CIT(A) had granted the assessee liberty to file a rectification application or a correction statement before the AO.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed for non-cooperation and failure to furnish necessary documents. The CIT(A) observed that the assessee had abandoned its appeal and produced no supporting material for its grounds.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal for non-cooperation and whether the assessee had abandoned its appeal.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: Shri Shailendra Kumar Yadav, JM & Shri Ramit Kochar, AM

For Respondent: Shri C.W. Angolkar
Hearing: 19.10.2015Pronounced: 30.10.2015

आदेश / O R D E R

Per Shailendra K. Yadav, JM

1.

This appeal by the assessee is directed against the order of CIT(A)-4, Mumbai and it pertains to A.Y. 2008-09.

2.

Assessee has raised the following grounds: - “

1. The learned CIT erred in dismissing the appeal and accordingly erred in holding that the appellant has abandoned its appeal.

2. The learned CIT in passing the order erred in holding that the appellant has failed to furnish revised e-TDS return, correction statement, rectification applications before AO.

3. It was observed that net defaults noticed after the expiry of stipulated period of filing the correction statements where as per the justification report which formed Annexure A of his order under section 201(1)/201(1A) of the Act dated 14.03.2011. However, no such justification report enclosed with the order. The AO declared the assessee as an “assessee in default” in respect of the amount specified as under: - S.No. Description Amount (`) Interest (`) 1 Total amount of short 4,590 1,750 deduction/collection (as per Annexure of order) 2 Total amount deducted but not 9,01,470 3,36,900 paid (-do-) 3 Total interest on late payment 1.070 (-do-) 4 Total 9,06,060 3,39,720 5 Grand total (Total amount + Total Interest) = `12,45,780/-

4. The matter was carried before the Appellate Authority wherein it was observed that the assessee has abandoned its appeal before him. The CIT(A) observed that the assessee has produced no material in support of his grounds. So he dismissed the appeal. However, assessee was granted liberty and leave to file a rectification application under section 154 of the Act before the concerned AO or to furnish a correction statement on the disputed issue of short deduction/collection of taxes of `4,590/-. In this case, because of non cooperation of the assessee the CIT(A) restored the matter to AO with liberty to assessee to file rectification application under section 154 before him or to furnish correction statement on disputed issue of short deduction/collection of taxes of `4,590/-, whereby he has provided space to assessee for its legal remedy. This reasoned factual legal finding of CIT(A) needs no interference from our side.

5.

In the result, the appeal filed by the assessee is dismissed. प�रणामतः िनधा�रती क� अपील खा�रज क� जाती है । Order pronounced in the open court on 30th October, 2015. आदेश क� घोषणा खुले �यायालय म� �दनांकः 30.10.2015 को क� गई । Sd/- Sd/- (Ramit Kochar) (Shailendra Kumar Yadav) लेखा सद�य/Accountant Member �याियक सद�य/Judicial Member मुंबई Mumbai, �दनांक Dated 30th October, 2015

आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to :

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