Income Tax Appellate Tribunal - Hyderabad
Krishna Bhima Samruddi Local Area Bank ... vs Jt. Commissioner Of Income Tax, Tds ... on 29 March, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCHES "A" : HYDERABAD
BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER
AND
SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER
I.T.A. No. 251/HYD/2019
Assessment Year: 2009-10
Krishna Bhima Samruddhi Joint Commissioner of
Local Area Bank Limited, Vs Income Tax (TDS),
HYDERABAD TDS Range-2,
[PAN: AABCK3666N] HYDERABAD
(Appellant) (Respondent)
Stay Application No. 99/Hyd/2019
(Arising out of ITA No. 251/Hyd/2019)
Assessment Year : 2009-10
Krishna Bhima Samruddhi Joint Commissioner of
Local Area Bank Limited, Vs Income Tax (TDS),
HYDERABAD TDS Range-2,
[PAN: AABCK3666N] HYDERABAD
(Applicant) (Respondent)
For Assessee : Shri S. Rama Rao, AR
For Revenue : Smt. Neeju Gupta, DR
Date of Hearing : 27-03-2019
Date of Pronouncement : 29-03-2019
ORDER
PER Smt. P. MADHAVI DEVI, J.M. :
This is assessee's appeal for the AY. 2009-10, against the order of the Commissioner of Income Tax (Appeals)-8, :- 2 -:
ITA. No. 251/Hyd/2019 SA No. 99/Hyd/2019Hyderabad, confirming the penalty levied by the Assessing Officer u/s. 271C of the Income Tax Act [Act].
2. At the time of hearing, the Ld. Counsel for the assessee submitted that the issue as to whether the assessee is an 'assessee in default' u/s. 201(1) of the Act was pending before the CIT(A)-2 in the appeal filed by the assessee and it is submitted that the assessee had brought this fact to the notice of the CIT(A)-8 about the pendency of the appeal but the CIT(A) has disposed-of the appeal against the order u/s. 271C of the Act. He submitted that unless and until assessee is declared as an assessee in default, and such default has not been quantified, the penalty u/s. 271C of the Act cannot be levied.
3. Ld.DR, however, submitted that both are independent proceedings and can be disposed-of independently.
4. Having regard to the rival contentions and material on record, we find that no doubt the order of penalty u/s. 271C is to be passed within the specified period and therefore, the Assessing Officer had to pass an order u/s. 271C of the Act even before an appeal u/s. 201(1) and 201(1A) of the Act is disposed-of by the CIT(A). However, there is no such time limit for an appeal to be disposed-of by the CIT(A). As rightly pointed out by the Ld. Counsel, unless and until the default of the assessee u/s. 201(1) of the Act has been quantified, the penalty u/s. 271C of the Act cannot be levied. Therefore, we deem it fit and proper to remand the issue back to the file of :- 3 -:
ITA. No. 251/Hyd/2019 SA No. 99/Hyd/2019CIT(A) with a direction to dispose-of the appeal along with the assessee's appeals against the orders u/s. 201(1) and 201(1A) of the Act or after disposal of such appeals.
5. In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.
6. Since the appeal of the assessee has been disposed-of vide order even dated, the Stay Application filed by the assessee has become infructuous. Accordingly, the same is rejected.
7. To sum-up, the appeal of assessee is allowed for statistical purposes and the Stay Application is dismissed.
Order pronounced in the open court on 29 th March, 2019 Sd/- Sd/-
(S. RIFAUR RAHMAN) (P. MADHAVI DEVI)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Hyderabad, Dated 29th March, 2019
TNMM
:- 4 -:
ITA. No. 251/Hyd/2019
SA No. 99/Hyd/2019
Copy to :
1. Krishna Bhima Samruddhi Local Area Bank Limited, 1-98-9/3/28, Silicon Towers, Silicon Valley, Madhapur, Hyderabad.
2. The Joint Commissioner of Income Tax (TDS), TDS Range-2, Hyderabad.
3. CIT(Appeals)-8, Hyderabad.
4. The CIT-TDS, Hyderabad.
5. D.R. ITAT, Hyderabad.
6. Guard File.