GARDEN REACH SHIPBUILDERS & ENGINEERS LTD.,KOLKATA vs. CIT, KOLKATA-1, KOLKATA
In the result, the appeal filed by the Assessee on all the grounds, is dismissed
ITA 710/KOL/2014[2009-2010]Status: DisposedITAT Kolkata22 Mar 2017AY 2009-2010
Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.710/Kol/2014 ("नधा"रण वष" /Assessment Year:2009-2010) Garden Reach Shipbuilders & Vs. Cit, Kolkata-1, Engineers Ltd. Aayakar Bhawan, 43/46, Garden Reach Road, P-7, Chowringhee Square, Kolkata-700024 Kolkata-700069 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaacg 9371 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri Sanjay Bhattacharya, Fca Revenue By : Shri Niraj Kumar, Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 09/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 22/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2009-10, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax, Kolkata Under Section 263 Of The Income Tax Act, 1961 ( Hereinafter Referred To As The “Act”), Dated 21.02.2014. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its Return Of Income For Assessment Year 2009-10 On Dated 23.09.2009 Declaring Total Income Of Rs.85,39,43,105/-. Subsequently, The Assessee`S Case Was Selected For Scrutiny U/S 143(3) Of The Act & Ao Has Assessed The Income Of The Assessee At Rs.90,01,69,060/-. Later On The Ld Cit Has Exercised The Jurisdiction U/S 263 Observing That There Is Difference In The Income Reported By The Assessee & The Income Accrued As Per Tds Certificates. The Ld Cit Observed That During The Year Under Consideration An Amount Of Rs. 7188898209 ( Rs.7181369792 + Rs.7528417) As Per Tds Certificates Was The Accrued Income From Sales Garden Reach Shipbuilders & Engg. Ltd. During The Year On Which Tds Of Rs.87854016 ( Rs.87680873
For Appellant: Shri Sanjay Bhattacharya, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 143(3)Section 199Section 263Section 263(1)
section 199 read with Rule 37BA (3)
(i), the TDS claimed by the asessee should not be allowed, that is, only
