Oriental Bank of Commerce, Ghaziabad v. ITO, Ghaziabad

ITA 2228/DEL/2011 | misc
Pronouncement Date: 15-07-2011 | Result: Allowed

Appeal Details

RSA Number 222820114 RSA 2011
Assessee PAN AAACO0191M
Bench Delhi
Appeal Number ITA 2228/DEL/2011
Duration Of Justice 2 month(s) 11 day(s)
Appellant Oriental Bank of Commerce, Ghaziabad
Respondent ITO, Ghaziabad
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted I
Tribunal Order Date 15-07-2011
Date Of Final Hearing 13-07-2011
Next Hearing Date 13-07-2011
Assessment Year misc
Appeal Filed On 04-05-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I : NEW DELHI) BEFORE SMT. DIVA SINGH JUDICIAL MEMBER AND SHRI B.C. MEENA ACCOUNTANT MEMBER ITA NO.2228/DEL./2011 (ASSESSMENT YEAR : 2005-06) CHIEF/SENIOR MANAGER VS. ITO (TDS & SURVEY) ORIENTAL BANK OF COMMERCE GHAZIABAD. C/O U.S. BHARGAVA ADVOCATE 17 RAM NAGAR GHAZIABAD 201 001 (UTTAR PRADESH). (PAN : AAACO0191M) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI U.S. BHARGAVA ADVOCATE REVENUE BY : SHRI A.K. MONGA SENIOR DR ORDER PER B.C. MEENA ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE CIT (APPEALS) GHAZIABAD DATED 01.02.2011 FOR THE ASSES SMENT YEAR 2005-06. THE GROUNDS OF APPEAL TAKEN BY THE ASSESSEE READ AS UNDER :- 1. THAT THE LD. LOWER AUTHORITIES ERRED IN CHARGIN G THE INTEREST U/S 201/201(1A) OF THE I.T. ACT 1961 OF RS.11 748/- AS WELL AS SHORT CHARGE OF TDS AMOUNT OF RS.35 628/ - IN THE CASE OF GHAZIABAD DEVELOPMENT AUTHORITIES. 2. THAT THE ASSESSEES CASE FALLS U/S 194A(3)(III) OF THE I.T. ACT 1961. ITA NO.2228/DEL./2011 2 3. THAT THE INTEREST SO CHARGED AND DEPOSITED OF SH ORT CHARGE OF TDS IS EXCESSIVE ARBITRARY AND UNCALLED FOR. 2. THE ASSESSEE IS A BRANCH OF NATIONALIZED BANK. A SURVEY CONDUCTED ON 02.02.2008 AT THE BRANCH OF THE ASSESSEE. THE DISC REPANCY IN THE AMOUNT OF TAX DEDUCTION AT SOURCE NOTED IN RESPECT OF INTERES T PAID TO GHAZIABAD DEVELOPMENT AUTHORITY AND GANGA JAL PARIYOJNA GHAZ IABAD. THE ASSESSEE CLAIMS THAT GHAZIABAD DEVELOPMENT AUTHORITY IS A NO TIFIED INSTITUTION UNDER SECTION 194A(3)(III)(F) THEREFORE THE PROVISIONS OF SUB-SECTION (1) OF SECTION 194A ARE NOT APPLICABLE. HE PLEADED THAT HIS CASE IS COVERED BY ENTRY NO.39 WHERE ANY CORPORATION ESTABLISHED BY A CENTRAL STA TE OR PROVINCIAL ACT IS A NOTIFIED INSTITUTION WHERE THE PROVISIONS OF SECTIO N 194(1) ARE NOT APPLICABLE. HE HAS FILED A COPY OF THE LIST WHERE ENTRY NO.39 S TATES ABOUT ANY CORPORATION ESTABLISHED BY A CENTRAL STATE OR PROVINCIAL ACT. HE ALSO SUBMITTED A COPY OF UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT ACT 1 993 WHICH PROVIDES FOR THE DEVELOPMENT OF CERTAIN AREAS OF UTTAR PRADESH ACCORDING TO PLANT AND FOR MATTERS ANCILLARY THERETO AND IT WAS ALSO PLEADED T HAT GHAZIABAD DEVELOPMENT AUTHORITY HAS BEEN ESTABLISHED UNDER THE UTTAR PRAD ESH URBAN PLANNING AND DEVELOPMENT ACT 1993 THEREFORE IT IS A CORPORATI ON ESTABLISHED BY A STATE ACT WHICH IS COVERED BY ENTRY NO.39. 3. ON THE OTHER HAND THE LEARNED DR RELIED ON THE ORDERS OF THE AUTHORITIES BELOW. ITA NO.2228/DEL./2011 3 4. WE HAVE HEARD BOTH THE SIDES AND AFTER HEARING WE HOLD THAT GHAZIABAD DEVELOPMENT AUTHORITY AND GANGA JAL PANI PARIYOJNA ARE IN EXEMPTED CATEGORY WHERE THE PROVISIONS OF SECTION 194(1) ARE NOT APPLICABLE. IN VIEW OF THIS MATTER WE SET ASIDE THE ORDERS OF THE AUTHORI TIES BELOW AND ALLOW THE ASSESSEES APPEAL. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN OPEN COURT ON THIS 15 TH DAY OF JULY 2011. SD/- SD/- (DIVA SINGH) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 15 TH DAY OF JULY 2011 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A) GHAZIABAD. 5.CIT(ITAT) NEW DELHI. AR ITAT NEW DELHI.