THE DCIT, Central Circle-1(3),, Ahmedabad v. ASHIMA DYECOT PVT. LTD., Ahmedabad

ITA 248/AHD/2013 | 1999-2000
Pronouncement Date: 25-10-2013 | Result: Dismissed

Appeal Details

RSA Number 24820514 RSA 2013
Assessee PAN AACCA2753K
Bench Ahmedabad
Appeal Number ITA 248/AHD/2013
Duration Of Justice 8 month(s) 27 day(s)
Appellant THE DCIT, Central Circle-1(3),, Ahmedabad
Respondent ASHIMA DYECOT PVT. LTD., Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 25-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 25-10-2013
Date Of Final Hearing 15-10-2013
Next Hearing Date 15-10-2013
Assessment Year 1999-2000
Appeal Filed On 29-01-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMADABAD BEFORE SHRI N. S. SAINI ACCOUNTANT MEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER ITA NO. 248/AHD/2013 ASSESSMENT YEAR :1999-2000 DCIT CENTRAL CIRCLE-1(3) ROOM NO. 304 3 RD FLOOR AAYKAR BHAVAN ASHRAM ROAD AHMEDABAD. V/S . ASHIMA DYECOT LTD. TEXCELLENCE COMPLEX NR. ANUPAM CINEMA KHOKHARA AHMADABAD-380021 PAN NO. A A CCA2753K (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI O. P. BATHEJA SR. D.R. /BY RESPONDENT SHRI V. R. CHOKSI A.R. /DATE OF HEARING 15.10.2013 /DATE OF PRONOUNCEMENT 25.10.2013 O R D E R PER : SHRI N. S. SAINI ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-I AHMEDABAD DATED 08.11.2012. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL THAT THE LD. CIT(A) ERRED IN DIRECTING THE ASSESSING OFFICER TO DELETE IN THE IN TEREST OF RS.8 18 677/- CHARGED U//S. 234D OF THE ACT. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSI NG OFFICER WHILE PASSING ORDER U/S. 143(3) R.W.S. 254 ON 16.12.2011 CHARGED INTEREST U/S. 234D OF RS.8 18 677/-. 4. THE ASSESSEE FILED APPEAL BEFORE THE CIT(A) AND SUBMITTED THAT SECTION 234D OF THE INCOME TAX ACT WAS INTRODUCED BY FINANC E ACT 2003 W.E.F. ITA NO. 248/AHD/13 A.Y. 1999-2000 PAGE 2 01.06.2003 AND THE ASSESSMENT YEAR UNDER CONSIDERAT ION WAS 1999-2000. THEREFORE SECTION 234D WAS NOT APPLICABLE TO THE A SSESSEE AS THE SAID SECTION WAS NOT STATUTE DURING THE RELEVANT ASSESSM ENT YEAR. THE LD. CIT(A) AFTER ACCEPTED THE SUBMISSION OF ASSESSEE AND HELD THAT ACTION OF THE ASSESSING OFFICER IN CHARGING INTEREST U/S. 234D OF THE IT ACT WAS NOT JUSTIFIED. 5. LD. D.R. RELIED ON THE ORDER OF THE ASSESSING OF FICER. THE LD. A.R. OF THE ASSESSEE FILED BEFORE US COPY OF ORDER OF THE HON'B LE SUPREME COURT IN THE CASE OF CIT VS. M/S. RELIANCE ENERGY LTD. IN SPECIAL LEAVE TO APPEAL (CIVIL) NO(S). 14013/2013 ORDER DATED 30.09.2013 AND SUBMITTED THAT THE HON'B LE SUPREME COURT HAS HELD THAT SECTION 234D DOES NOT A PPLY TO ASSESSMENT YEAR COMMENCING PRIOR TO 01.06.2003 IF THE ASSESSME NT ORDER IS PASSED PRIOR TO BACK DATE. HE SUBMITTED THAT IN THE CASE OF ASSE SSEE THE ASSESSMENT ORDER WAS PASSED ON 11.06.2001 WHICH WAS PRIOR TO 01.06.2 003 AND THEREFORE FOLLOWING THE DECISION OF THE HON'BLE SUPREME COURT THE ASSESSEE IS NOT LIABLE TO INTEREST U/S.234D OF THE ACT. 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. IN THE ORDER PASSED U/S. 143(3) R.W.S. 254 OF THE ACT ON 16.12.2011 THE ASSESSING OFFICER CHARGED INTEREST U/S. 234D OF THE ACT OF RS.8 18 677/- WHICH WAS DE LETED BY THE LD. CIT(A) IN THE APPEAL FILED BY THE ASSESSEE ON THE GROUND THAT SECTION 234D WAS NOT APPLICABLE TO THE ASSESSEE AS THE ASSESSMENT YEAR I NVOLVED WAS 1999-2000 WHICH WAS PRIOR TO 01.06.2003 WHEN SECTION 234D WAS NOT ON STATUTE. THE LD. A.R. OF THE ASSESSEE HAS FILED BEFORE US COPY OF TH E ORDER OF THE HON'BLE SUPREME COURT IN CASE OF RELIANCE ENERGY LTD. (SUPR A). AS PER THE ORDER OF ITA NO. 248/AHD/13 A.Y. 1999-2000 PAGE 3 THE HONBLE SUPREME COURT INTEREST U/S. 234D CANNOT BE CHARGED IN RESPECT OF AN ASSESSMENT YEAR FOR WHICH ASSESSMENT WAS COMPLET ED PRIOR TO 01.06.2003. THE A.R. OF THE ASSESSEE HAS POINTED O UT FROM THE COPY OF THE ASSESSMENT ORDER PASSED U/S. 143(3) THAT THE SAID O RDER WAS PASSED ON 11.06.2001 WHICH WAS PRIOR TO 01.06.2003. THEREFO RE IN VIEW OF THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF RELIANC E ENERGY LTD. (SUPRA) THE ASSESSEE IS NOT LIABLE TO INTEREST U/S. 234D OF THE ACT. WE THEREFORE CONFIRM THE ORDER OF THE CIT(A) AND DISMISS THE GROUND OF A PPEAL OF THE REVENUE. 7. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY THE 25 TH OF OCTOBER 2013 AT AHMADABAD. SD/- SD/- ( KUL BHARAT ) (N. S. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! ' ' ' '! !! ! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ) ) 12( / DR ITAT AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ 8/ 1 ': ) 12( ;