Lycos Internet Limited(Formerly known as Ybrant Digital Limited), Hyderabad v. ACIT, Circle-15(2), Hyd, Hyderabad

ITA 531/HYD/2016 | 2006-2007
Pronouncement Date: 06-05-2021 | Result: Allowed

Appeal Details

RSA Number 53122514 RSA 2016
Assessee PAN AAACV4079Q
Bench Hyderabad
Appeal Number ITA 531/HYD/2016
Duration Of Justice 5 year(s) 21 day(s)
Appellant Lycos Internet Limited(Formerly known as Ybrant Digital Limited), Hyderabad
Respondent ACIT, Circle-15(2), Hyd, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 06-05-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-B
Tribunal Order Date 06-05-2021
Date Of Final Hearing 17-02-2021
Next Hearing Date 17-02-2021
Last Hearing Date 11-07-2018
First Hearing Date 06-10-2020
Assessment Year 2006-2007
Appeal Filed On 15-04-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA JUDICIAL MEMBER AND SHRI L.P. SAHU ACCOUNTANT MEMBER I.T.A. NO S . 531 532 533/HYD/ 201 6 ASSESSMENT YEAR S : 2006 - 07 2007 - 08 2008 - 09 M/S LYCOSE INTERNET LTD. VS. ACIT CIRCLE 15(2) (FORMERLY KNOWN AS M/S YBRANT DIGITAL HYDERABAD LTD ) HYDERABAD [PAN: AAACV 4079Q ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SRI P. MURALI MOHANA RAO AR FOR REVENUE: SHRI YVST SAI CIT D.R. DATE OF HEARING : 17 /02/2021 DATE OF PRONOUNCEMENT : 06 /05/2021 O R D E R PER S.S. GODARA J.M. THESE THREE ASSESSEES APPEALS FOR A.Y 2006 - 07 2007 - 08 AND 2008 - 09 ARISE FROM THE CIT(A) - 8 HYDERABADS ORDERS; ALL DATED 15.2.2016 IN CASE NO. AFFIRMING ASSESSING OFFICERS ACTION TREATING IT AS ASSESSEE IN DEFAULT RESULTING IN DEMANDS OF RS.2 43 131 / - ; 1 21 597 / - AND 4 61 88 4 / - RESPECTIVELY IN VOLVING PROCEEDINGS U /S 201(1) AND 201(1A) OF THE INCOME TAX ACT 1961 [FOR SHORT THE ACT ] . HEARD BOTH THE PARTIES CASE FILE PERUSED. 2. COMING TO ASSESSEES ALLEGED DEFENCE IN ISSUE TRIGGERING SEC.201(1) & 201(1A) PROCESS IN MO TION T HERE IS NO MATERIAL BEFORE US WHICH COULD REBUT ITA NOS. 531 532 & 533/HYD/2016 AAYS: 2006 - 07 2007 - 08 2008 - 09 LYCOSE INTERNET LTD. (FORMERLY KNOWN AS YBRANT DIGITAL LTD.) 2 THE LEARNED LOWER AUTHORITIES ACTION IN PRINCIPLE THAT THE ASSESSEE INDEED HAS NOT DEDUCTED TDS O N ALL THE CORRESPONDING PAYMENTS MADE U/S 194C 194(1) AND 194J OF THE ACT; AS THE CASE MAY BE ; RESPECTIVELY . WE THUS FIND NO REASON TO INTERFERE WITH THE IMPUGNED ACTION OF LEARNED LOWER AUTHORITIES IN PRINCIPLE. 3. NEXT COMES THE EQUALLY IMPORTANT ISSUE OF INTRODUCTION OF S.201(1) FIRST PROVISO VIDE FINANCE ACT 2012 W.E..F. 1.4.2012. THE REVE NUES VEHEMENT STAND IS THAT THIS PROVISO DOES NOT CARRY ANY RETROSPECTIVE EFFECT IN AY. 2006 - 07 TO 2008 - 09 BEFORE US. WE FIND NO FORCE IN R EVENUES INSTANT ARGUMENT. WE NOTE THAT THE LEGISLATURE HAS MADE IT CLEAR THAT THE LANGUAGE EMPLOYED IN BOTH SECT IONS 40(A) (IA) 2 ND PROVISO WHICH IS TO BE READ WITH THE FIRST PROVISO OF SEC.201 CASTS ONUS ON THE ASSESSEE TO PROVE THAT THE RECEIPTS CONCERNED ALREADY STANDS ASSESSED IN RECIPIENTS HANDS QUA THE CORRESPONDING EXPENSE(S). HONBLE DELHI H IGH C OURTS DECI SION IN CIT VS. ANSAL PROPERTIES 279 CTR 384 (DELHI) HOLDS THE FORMER PROVISO TO BE CARRYING RETROSPECTIVE EFFECT SINCE A CURATIVE WHICH IS INSEPARABLE FROM SEC.201 FIRST PROVISO. WE THUS ADOPT THE VERY REASONING MUTATIS MUTANDIS HEREIN ALSO TO RESTORE THE FORMER ISSUE FOR ASSESSING OFFICERS FACTUAL VERIFICATION QUA THE RESPECTIVE ASSESSMENTS TO BE DECIDED AFRESH . THE ASSESSEE OR ITS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 31.08.2021 W ITH ALL RELEVANT EVIDENCE S; AT ITS OWN RISK AND RESPONSIBILITY WHICH SHALL FOLLOW THREE EFFECTIVE OPPORTUNITIES OF HEARING. THESE ASSESSEES APPEALS ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN RESPECTIVE FILES. PRONOUNCED IN OPEN COURT ON 06 TH MAY 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 06 TH MAY 2021. * GMV ITA NOS. 531 532 & 533/HYD/2016 AAYS: 2006 - 07 2007 - 08 2008 - 09 LYCOSE INTERNET LTD. (FORMERLY KNOWN AS YBRANT DIGITAL LTD.) 3 COPY OF THE ORDER FORWARDED TO: 1. M/S LYCOSE INTERNET LTD. (FORMERLY KNOWN AS M/S YBRANT DIGITAL LTD. ) C/O P.MURALI & CO. CHARTERED ACCOUNTANTS 6 - 3 - 655/2/3 1 ST FLOOR SOMAJIGUDA HYDERABAD 500 0 82 TELANGANA. 2. ACIT CIRCLE 15(2) HYDERABAD. 3 . ACIT RANGE 1 5 HYDERABAD. 4 . CIT(A) - 8 HYDERABAD. 5. PR.CIT - 8 HYDERABAD. 6. DR ITAT HYDERABAD. 7 . GUARD FILE.