ACIT RG 2(3), MUMBAI v. TATA POWER CO.LTD, MUMBAI

ITA 3978/MUM/2012 | 2005-2006
Pronouncement Date: 03-07-2013 | Result: Dismissed

Appeal Details

RSA Number 397819914 RSA 2012
Assessee PAN AAACT0054A
Bench Mumbai
Appeal Number ITA 3978/MUM/2012
Duration Of Justice 1 year(s) 27 day(s)
Appellant ACIT RG 2(3), MUMBAI
Respondent TATA POWER CO.LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 03-07-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 03-07-2013
Assessment Year 2005-2006
Appeal Filed On 06-06-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH MUMBAI . . !'#$ % &' BEFORE SHRI H.L. KARWA PRESIDENT AND SHRI N.K. BILLAIYA AM ./I.T.A. NOS.3977 & 3978/MUM/2012 ( ( ( ( ( / ASSESSMENT YEARS :2002-03 & 2005-06 THE ACIT-2(3) AAYAKAR BHAVAN MUMBAI-400 020 M/S. TATA POWER CO. LTD. CORPORATE CENTRE B-BLOCK 3 RD FLOOR 34 SANT TUKARAM ROAD CARNAC BUNDER MUMBAI-400 009 ') % ./ *+ ./PAN/GIR NO. : AAACT 0054A ( ) /APPELLANT ) .. ( -.) / RESPONDENT ) ) / / APPELLANT BY : ` SHRI G. DAYAL -.) 0 / /RESPONDENT BY : SHRI DINESH VYAS 0 12% / DATE OF HEARING :03.07.2013 34( 0 12% / DATE OF PRONOUNCEMENT :03.07.2013 &5 / O R D E R PER BENCH: THESE TWO SEPARATE APPEALS BY THE REVENUE ARE DIRE CTED AGAINST TWO SEPARATE ORDERS OF THE LD. CIT(A)-6 MUMBAI DT. 15.3.2012 PERTAINING TO A.YRS. 2002-03 AND 2005-06. AS COMMON ISSUES ARE INVOLVED IN BOTH THESE APPEALS THEY WERE HEARD TOG ETHER AND DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE AN D BREVITY. ITA NOS. 3977 & 3978/M/2012 2 2. IN BOTH THE APPEALS THE REVENUE HAS RAISED FOLL OWING GROUNDS: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT(A) FAILED TO APPRECIATE THAT AS PER THE PROVISION OF SECTION 244A THE ASSESSEE WILL BE ENT ITLED TO SIMPLE INTEREST WHEREAS THE DIRECTION GIVEN BY THE LD. CIT(A) IS CONTRARY TO THE PROVISION. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LD. CIT(A) ERRED IN DIRECTING THE AO TO DEDUCT ONLY THE TAX ELEMENT FROM THE REFUND GENERATED EARL IER EXCLUDING THE INTEREST PORTION CONTRARY TO THE INTE NTION OF THE LEGISLATION. THIS WOULD LEAD TO EXCESS GRANT OF IN TEREST. 3. AT THE VERY OUTSET THE LD. COUNSEL FOR THE ASSE SSEE SUBMITTED THAT IN BOTH THE YEARS THE LD. CIT(A) HAS FOLLOWED THE ORDER FOR A.Y. 1997- 98. THE LD. COUNSEL FOR THE ASSESSEE FURTHER SUBMI TTED THAT REVENUES APPEAL AGAINST THE SAID ORDER OF THE LD. CIT(A) PER TAINING TO A.Y. 1997- 98 HAS BEEN DISMISSED BY THE TRIBUNAL VIDE ITA NO. 6863/MUM/2011. 4. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT BR ING ANY CONTRARY FACTS/DECISION ON RECORD. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE LD. AR IN THE LIGHT OF THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR A.Y. 1997-98. WE FIND FORCE IN THE SUBMISSIONS OF THE L D. COUNSEL THAT THE TRIBUNAL HAS DECIDED THE ISSUE IN FAVOUR OF THE ASS ESSEE. RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL APPEAL OF T HE REVENUE FOR BOTH THE YEARS ARE DISMISSED. ITA NOS. 3977 & 3978/M/2012 3 6. IN THE RESULT THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.07.2013 . &5 0 4( % 6 7&8 03.07.2013 4 0 9 SD/- SD/- (H.L. KARWA ) (N.K . BILLAIYA ) / PRESIDENT % &' / ACCOUNTANT MEMBER MUMBAI; 7& DATED 03/07/2013 . . ./ RJ SR. PS &5 &5 &5 &5 0 00 0 -1! -1! -1! -1! :!(1 :!(1 :!(1 :!(1 / COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT 2. -.) / THE RESPONDENT. 3. ; ( ) / THE CIT(A)- 4. ; / CIT 5. !<9 -1 / DR ITAT MUMBAI 6. 9= > / GUARD FILE. &5 &5 &5 &5 / BY ORDER .!1 -1 //TRUE COPY// ? ?? ? / @ @ @ @ * * * * (DY./ASSTT. REGISTRAR) / ITAT MUMBAI