M/S JAYALAKSHMI MUTUALLY AIDED AND MULTI PURPOSECO-OPERATIVE SOCIETY LTD.,KAKINADA vs. THE ITO (TDS), RAJAHMUNDRY

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ITA 342/VIZ/2013Status: DisposedITAT Visakhapatnam08 July 2022AY 2010-114 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the consistent non-appearance of the assessee or its representative for hearings, even on the current date. It concluded that the assessee is not interested in pursuing the appeal.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2010-11. The appeal was previously dismissed ex-parte due to non-representation, but was later recalled. The case was listed for hearing multiple times, but the assessee consistently failed to appear.

What were the issues?

Whether the provisions of Section 194A were correctly applied to interest payments to members and non-members with interest below Rs. 10,000. The assessee's failure to prosecute the appeal.

Which sections of the Income-tax Act were involved?

Section 194A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

Hearing: 02/06/2022

PER S. BALAKRISHNAN, Accountant Member :

This appeal is filed by the assessee against the order of the Ld. CIT(A)-11, Mumbai (Camp at Visakhapatnam) in appeal no.103 & 104/11-12/ITO(TDS)/RJY/2012-13, dated 15/3/2013 for the AY 2010-11. 2

2.

In this appeal, the assessee has raised the following grounds:

“1. The CIT(A) erred in misguiding himself into understanding the facts of the case and the grounds raised in appeal before him.

2.

The Income Tax Officer (TDS) erred in applying the provisions of section 194A to the interest payments being credited / paid to the members & non-members (having total interest < Rs. 10,000/-). The CIT(A) erred in not commenting upon the collection of the above TDS amounts.

3.

The Income Tax Officer (TDS) erred in making additions to the tune of Rs. 2,07,210 for the AY 2010-

11.

The CIT(A) erred in sustaining the additions made by the ITO (TDS) vide orders ITA No.104/11- 12/ITO(TDS)/RJY/2012-13 and ITA No.103/11- 12/ITO (TDS)/RJY/2012-13, dated 15/3/2013. 4. For this and any other grounds which the appellant might urge either before or at the time of hearing.”

3.

Briefly the background facts of this case are that in the case of the assessee initially the appeal was heard on 4/10/2016 on which date there was no representation on behalf of the assessee and therefore the Tribunal passed ex-parte order vide its order dated 27/12/2016 and dismissed the appeal. Thereafter, the assessee filed Miscellaneous Application vide MA No. 11/Viz/2018 seeking to recall the Tribunal order dated 27/12/2016. The Tribunal considered the assessee’s submissions and recalled the order of the Tribunal dated

3 27/12/2016 and allowed the MA filed by the assessee vide its order dated 19/4/2021. Thereafter, the case was fixed for hearing on multiple times but as per the order sheet recordings in most of the occasions the case was adjourned because none appeared on behalf of the assessee to represent its case. Even before us on this date of hearing, neither the assessee nor its representative appeared to present the assessee’s case. It is therefore, can be concluded that the assessee is not interested to pursue its case whatsoever the reason may be. With the above observations and after considering the facts and circumstances of the case, we hereby dismiss the appeal of the assessee.

4.

In the result, appeal of the assessee is dismissed. Pronounced in the open Court on the 08th July, 2022. (दुव्िूरु आर.एऱ रेड्डी) (एस बाऱाकृष्णन) (DUVVURU RL REDDY) (S.BALAKRISHNAN) न्याययकसदस्य/JUDICIAL MEMBER ऱेखा सदस्य/ACCOUNTANT MEMBER Dated : 08.07.2022 OKK - SPS

4 आदेश की प्रतिलिपि अग्रेपिि/Copy of the order forwarded to:- ननधधाररती/ The Assessee – M/s. Jayalakshmi Mutually Aided and 1. Multi Purpose Cooperative Society Ltd., D.No.9-159, Sri Lakshmi Complex, Sarpavaram Jn, Kakinada. रधजस्व/The Revenue – Income Tax Officer (TDS), Rajahmundry. 2. 3. (i) The Chief Commissioner of Income Tax, Visakhapatnam. (ii) The Commissioner of Income Tax (TDS), Hyderabad. आयकर आयुक्त ( अऩीऱ)/ The Commissioner of Income Tax (Appeals)- 4. 11, Mumbai (Camp at Visakhapatnam) O/o. Commissioner of Income Tax (Appeals), Visakhapatnam. ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, ववशधखधऩटणम/ DR, ITAT,

5.

Visakhapatnam गधर्ा फ़धईऱ / Guard file 6. आदेशधनुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam

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