ACIT, New Delhi v. M/s. Container Coorporation of India Ltd., New Delhi

ITA 1556/DEL/2012 | 2007-2008
Pronouncement Date: 31-07-2013 | Result: Dismissed

Appeal Details

RSA Number 155620114 RSA 2012
Assessee PAN AAACC1205A
Bench Delhi
Appeal Number ITA 1556/DEL/2012
Duration Of Justice 1 year(s) 3 month(s) 27 day(s)
Appellant ACIT, New Delhi
Respondent M/s. Container Coorporation of India Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-07-2013
Date Of Final Hearing 03-06-2013
Next Hearing Date 03-06-2013
Assessment Year 2007-2008
Appeal Filed On 03-04-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SMT. DIVA SINGH JUDICIAL MEMBER AND SHRI T.S.KAPOOR ACCOUNTANT MEMBER I.T.A .NO.-1556/DEL/2012 (ASSESSMENT YEAR-2007-08) ACIT VS M/S CONTAINER CORPORATION OF INDIA CIRCLE-3(1) C-3 CONCOR BHAWAN NEW DELHI. OPP. APPOLLO HOSPITAL MATHURA ROAD NEW DELHI. PAN-AAACC1205A (APPELLANT) (RESPONDENT) APPELLANT BY: DR. SUDHA KUMARI CIT DR RESPONDENT BY: SH. S.KRISHNA ADV. ORDER PER DIVA SINGH JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST TH E ORDER DATED 04.01.2012 OF CIT(A)-VI NEW DELHI PERTAINING TO 2007-08 ASSESSME NT YEAR ON THE FOLLOWING GROUNDS :- 1. THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN DELETING PENALTY IMPOSE U/S 271(1)(C) OF THE I.T. ACT AT RS.24 84 22 985/-. 2. THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND MODIFY ALTER ADD OR FOREGO ANY GROUND(S) OF APPEA L AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. 2. THE RELEVANT FACTS OF THE CASE ARE THE ASSESSEE E- FILED ITS RETURN ON 30.10.2007 DECLARING AN INCOME OF RS.492 63 05 249/ -. THE SCRUTINY ASSESSMENT WAS COMPLETED U/S 143(3) ON 16.12.2009 AFTER ISSUAN CE OF NOTICE U/S 143(2) AND AFTER HEARING THE ASSESSEE RESULTING IN ASSESSING T HE TAXABLE INCOME OF THE ASSESSEE AT RS.8 38 00 90 942/-. A PERUSAL OF THE PENALTY O RDER SHOWS THAT THE AO IN THE QUANTUM PROCEEDINGS DISALLOWED TO RS.73 53 68 094/- ON 5 INLAND CONTAINER DEPOTS (ICDS) LOCATED AT JAIPUR JODHPUR JAMSHEDPU R PONDICHERY AND DRONAGIRI I.T.A .NO.-1556/DEL/2012 2 CLAIMED U/S 80-IA ON THE GROUND THAT THEY ARE NOT S ITUATED IN THE NOTIFIED CUSTOM AREA AS PER THE CBDT NOTIFICATION NO.-10682 DATED. 01.09.1998. ANOTHER ADDITION WHICH WAS A SUBJECT MATTER OF PENALTY PROCEEDING WA S THE DISALLOWANCE OF ASSESSEES CLAIM AMOUNTING TO RS.26 68 112/- HELD A S PRIOR PERIOD EXPENSES. 2.1. ACCORDINGLY AFTER CONSIDERING THE SUBMISSIONS ON B EHALF OF THE ASSESSEE THE AO HELD THAT THE ASSESSEE HAS NOT FURNISHED ACCURAT E PARTICULARS OF ITS INCOME AND HOLDING THAT THIS IS A FIT CASE FOR IMPOSITION OF M INIMUM PENALTY IMPOSED A PENALTY OF RS.24 84 22 985/-. 3. AGGRIEVED BY THIS THE ASSESSEE WENT IN APPEAL BEF ORE THE FIRST APPELLATE AUTHORITY WHEREIN APART FROM MAKING VARIOUS SUBMISS IONS ON FACTS AND POSITION OF LAW RELIANCE WAS PLACED UPON THE ORDER DATED 17.06 .2011 RENDERED BY THE ITAT IN ASSESSEES OWN CASE FOR 2003-04 2004-05 & 2005-06 ASSESSMENT YEARS IN ITA NOS.-2278 2279 & 2280/DEL/2010 WHEREIN PENALTY IMP OSED ON IDENTICAL FACTS AND CIRCUMSTANCES WAS QUASHED. CONSIDERING THESE SUBMI SSIONS AND FOLLOWING THE ORDERS OF THE ITAT ON SAME FACTS AND LAW THE PENAL TY ORDER WAS QUASHED. 4. AGGRIEVED BY THIS THE REVENUE IS IN APPEAL BEFORE T HE TRIBUNAL. LD. CIT DR RELYING UPON THE PENALTY ORDER CONTENDED THAT THE S AME DESERVES TO BE UPHELD AND THE IMPUGNED ORDER BE SET ASIDE HOWEVER NO ARGUMEN TS WERE ADVANCED TO SUPPORT THE PRAYER AS TO ON WHAT GROUNDS THE ORDERS OF THE CO-ORDINATE BENCHES FOLLOWED BY THE CIT(A) BY UPSET. 4.1. LD. AR SH. S.KRISHNA ON THE OTHER HAND CONTENDED THAT THE IMPUGNED ORDER DESERVES TO BE UPHELD. INVITING ATTENTION TO THE S YNOPSIS AND THE PAPER BOOK FILED ON BEHALF OF THE ASSESSEE IT WAS CONTENDED THAT TH E SUBJECT MATTER OF DEDUCTION U/S 80-IA QUA THE INLAND CONTAINER DEPOTS WHICH IN THE QUANTUM APPEAL WAS DECIDED AGAINST THE ASSESSEE BY THE ITAT HAS BEEN DECIDED IN ITS FAVOUR BY THE ORDER DATED 11.05.2012 BY THE HONBLE HIGH COURT REPORTED IN [2 012] 21 TAXMANN.COM 317 (DELHI). COPY OF THE SAME IT WAS STATED IS PLACED IN THE PAPER BOOK AT PAGES 37 TO 45. I.T.A .NO.-1556/DEL/2012 3 4.1.2. QUA THE SECOND ADDITION IT WAS HIS SUBMISSION THAT THE SAID ISSUE IN THE QUANTUM APPEAL HAD BEEN REMANDED BACK TO THE AO ON THE REASONING THAT NEITHER THE ASSESSMENT ORDER NOR THE CIT(A)S ORDER HAD DIS CUSSED THE ISSUE IN ITS CORRECT PERSPECTIVE. COPY OF ORDER DATED 08.03.2013 IN IT A NO.-4667/DEL/2010 WAS FILED IN SUPPORT OF THE ASSERTION. APART FROM THAT THE O RDERS OF THE TRIBUNAL IN THE PENALTY PROCEEDINGS WHICH HAD BEEN FOLLOWED BY THE CIT(A) ON THE APPEAL OF THE DEPARTMENT HAS BEEN UPHELD AS THE DEPARTMENTAL APPE AL WAS DISMISSED. COPY OF THE SAID ORDER IS PLACED AT PAGES 26 & 27 OF THE PA PER BOOK. 4.2. LD. CIT DR DR. SUDHA KUMARI ON PERUSING THE ORDER OF THE TRIBUNAL IN THE QUANTUM APPEAL STATED THAT SINCE THE ISSUE HAS BEEN REMANDED THE PENALTY CANNOT SURVIVE AND SINCE THE ISSUES IS BEFORE THE AO IF T HERE IS ANY FRESH CAUSE OF ACTION HE WOULD IF SO WARRANTED ON FACTS TAKE NECESSARY A CTION. QUA THE PENALTY IMPOSED ON THE LOCATION OF ICDS AT THE FIVE SPECIFIC PLACES WHICH ISSUE IN THE QUANTUM PROCEEDINGS HAS BEEN DECIDED AGAINST THE REVENUE BY THE JUDGEMENT OF THE HONBLE HIGH COURT. ACCORDINGLY ON THE SAID ISSUE IT WAS STATED THAT SINCE THE ADDITION DOES NOT SURVIVE THE REVENUE HAS NOTHING FURTHER TO SAY. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED TH E MATERIAL AVAILABLE ON RECORD AND ALSO CONSIDER THE JUDGEMENTS OF THE HON BLE HIGH COURT IN ASSESSEES OWN CASE AND THE ORDERS OF THE CO-ORDINATE BENCHES. ON A CONSIDERATION OF THE ENTIRE FACTS AND CIRCUMSTANCES OF THE CASE WE ARE OF THE VIEW THAT THE IMPUGNED ORDER DESERVES TO BE UPHELD AS QUA THE ADDITION ON ACCOUNT OF SECTION 80-IA DEDUCTION CLAIMED BY THE ASSESSEE THE ISSUE HAS BEE N DECIDED IN ASSESSEES FAVOUR AS SUCH THE ADDITION AFTER THE JUDGEMENT AND ORDER OF THE HONBLE HIGH COURT DATED 11.05.2012 DOES NOT SURVIVE. APART FROM THAT THE ORDERS OF THE ITAT IN PENALTY PROCEEDINGS HAVE ALSO BEEN UPHELD ON THIS I SSUE VIDE THE HONBLE HIGH COURTS ORDER DATED 31.05.2012. REGARDING THE NEXT ISSUE IT IS SEEN THAT THE ADDITION HEREIN ALSO DOES NOT SURVIVE AS THE ISSUE HAS BEEN REMANDED TO THE AO BY THE TRIBUNAL IN THE QUANTUM PROCEEDINGS. ACCORDING LY IN THE AFORE-MENTIONED I.T.A .NO.-1556/DEL/2012 4 PECULIAR FACTS AND CIRCUMSTANCES THE DEPARTMENTAL APPEAL DOES NOT HAVE ANY MERIT. THE GROUND RAISED IS DISMISSED. 6. IN THE RESULT THE APPEAL OF THE DEPARTMENT IS DIS MISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JULY OF 2013. SD/- SD/- (T.S.KAPOOR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:31/07/2013 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI