ACIT, Bangalore v. M/s Mysore Minerals Ltd.,, Bangalore

ITA 491/BANG/2014 | 2007-2008
Pronouncement Date: 15-11-2017 | Result: Allowed

Appeal Details

RSA Number 49121114 RSA 2014
Bench Bangalore
Appeal Number ITA 491/BANG/2014
Duration Of Justice 3 year(s) 7 month(s) 5 day(s)
Appellant ACIT, Bangalore
Respondent M/s Mysore Minerals Ltd.,, Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 15-11-2017
Appeal Filed By Department
Tags No record found
Order Result Allowed
Bench Allotted A
Tribunal Order Date 15-11-2017
Date Of Final Hearing 15-06-2017
Next Hearing Date 15-06-2017
First Hearing Date 15-06-2017
Assessment Year 2007-2008
Appeal Filed On 10-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI A.K. GARODIA ACCOUNTANT MEMBER AND SHRI LALIET KUMAR JUDICIAL MEMBER ITA NO. 49 1 / BANG/201 4 ASSESSMENT YEAR: 20 07 08 ACIT CIRCLE 18[1] BANGALORE. VS. M/S. MYSORE MINERALS LTD. NO. 39 M. G. ROAD BANGALORE 560 001. TAN: BLRM00542D APPELLANT RESPONDENT ASSESSEE BY : SHRI CHANDRASEKHAR V. ADVOCATE REVENUE BY : SMT. B. R. RAMESH JCIT DR DATE OF HEARING : 1 4.11.2017 DATE OF PRONOUNCEMENT : 15 .11.2017 O R D E R PER SHRI A.K. GARODIA ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THIS IS DIR ECTED AGAINST THE ORDER OF CIT (A) HUBLI DATED 30.12.2013 FOR ASSESSMENT YEAR 20 07 08. 2. THE REVENUE HAS RAISED AS MANY AS 7 GROUNDS BUT THE ONLY EFFECTIVE GRIEVANCE OF THE REVENUE IS REGARDING THE DELETION OF THE DEM AND RAISED BY THE AO U/S 201 (1) & 201 (1A). 3. LEARNED DR OF THE REVENUE SUPPORTED THE ORDER PA SSED BY THE AO U/S 201 (1) & 201 91A). LEARNED AR OF THE ASSESSEE SUBMITTED TH AT THE MATTER MAY BE RESTORED TO AO FOR A FRESH DECISION IN THE LIGHT OF THE JUDGMENT OF HONBLE APEX COURT RENDERED IN THE CASE OF HINDUSTAN COCA COLA B EVERAGE (P) LTD. VS. CIT AS REPORTED IN 293 ITR 226 AND OF HONBLE KARNATAKA HI GH COURT RENDERED IN THE CASE OF CIT VS. BHARAT HOTELS LTD. AS REPORTED IN 3 84 ITR 77. HE SUBMITTED THAT THE ASSESSEE WILL PRODUCE THE EVIDENCE REGARDING TH E PAYMENT OF TAX BY THE DEDUCTEES AND IN THAT SITUATION NO DEMAND CAN BE R AISED U/S 201 (1) AND ITA NO. 491/BANG/2014 PAGE 2 OF 2 DEMAND CAN BE RAISED FOR INTEREST U/S 201 (1A) IF T HERE IS ANY DELAY IN PAYMENT BY THE DEDUCTEES. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FEE L THAT IN THE FACTS OF THE PRESENT CASE THE MATTER SHOULD GO BACK TO THE FILE OF THE AO FOR A FRESH DECISION IN THE LIGHT OF THE JUDGMENT OF HONBLE AP EX COURT RENDERED IN THE CASE OF HINDUSTAN COCA COLA BEVERAGE (P) LTD. VS. CIT (S UPRA) AND OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF CIT VS . BHARAT HOTELS LTD. (SUPRA) AFTER EXAMINING THESE FACTS THAT THE DEDUCTEES HAS PAID TAX OR NOT AND WHETHER THERE IS ANY DELAY IN SUCH PAYMENT. WE ORDER ACCORD INGLY. THE ASSESSEE SHOULD PRODUCE THE EVIDENCE REGARDING THE PAYMENT O F TAX BY THE DEDUCTEES AND IN RESPECT OF THOSE PARTIES WHERE DEDUCTEES HAS MADE PAYMENT OF TAX AS PER LAW AFTER CONSIDERING THE IMPUGNED INCOME ON WH ICH NO TAX IS DEDUCTED BY THE ASSESSEE NO DEMAND SHOULD BE RAISED U/S 201 (1 ) ALTHOUGH DEMAND U/S 201 (1A) CAN BE RAISED IN RESPECT OF DELAY IN PAYME NT IF ANY. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE DATED THE 15 TH NOVEMBER 2017. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.