Income Tax Appellate Tribunal - Ahmedabad
The Shalin Infrastructure Pvt. Ltd.,, ... vs The Income Tax Officer, Cpc,, Bangalore on 28 March, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "C" BENCH AHMEDABAD
BEFORE, SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
AND SHRI S. S. GODARA, JUDICIAL MEMBER
ITA No. 2881/Ahd/2015
(Assessment Year : 2010-11)
The Shalin Infrastructure Pvt. Ltd.,
C-102, Shivalik Business Centre,
Opp. Kensville Golf Academy, B/h.
Rajpath Club, S. G. Higway,
Ahmedabad - 380054 Appellant
Vs.
The ITO, CPC,
Bangalore, Karnataka - 560160 Respondent
PAN: AABCD5228P
आवेदक क ओर से / By Assessee : Shri S. N. Divatia, A.R.
राज
व क ओर से / By Revenue : Shri Prasoon Kabra, Sr. D.R.
सन
ु वाई क तार ख/Date of Hearing : 21.03.2018
घोषणा क तार ख/Date of
Pronouncement : 28.03.2018
ORDER
PER S. S. GODARA, JUDICIAL MEMBER
This assessee's appeal for assessment year 2010-11 arises from the CIT(A)-9, Ahmedabad's order dated 03.08.2015, in case no. CIT(A)-9/435/14- 15, upholding Assessing Officer's action rejecting its rectification claiming TDS ITA No. 2881/Ahd/15 [M/s. The Shalin Infrastructure Pvt. Ltd. vs. ITO ] A.Y. 2010-11 -2- of Rs.1,20,875/- in his order dated 13.06.2013, in proceedings u/s.154 of the Income Tax Act, 1961; in short "the Act".
Heard both the parties. Case file perused.
2. The relevant facts are in a narrow compass. This assessee is a company engaged in real estate development business. It e-filed its return on 29.09.2010 declaring nil income in view of its return on 29.09.2010 declaring nil income in view of its loss by way of depreciation amounting to Rs.9,79,285/-. The "CPC" processed the same on 29.09.2010. The ITO, Ward-8(3), Ahmedabad thereafter issued Section 133(6) notice dated 14.08.2012 that the assessee had not claimed TDS of Rs.1,20,875/- in its return. The assessee filed reply thereto dated 17.08.2012 pleading therein that its balance sheet as on 31.03.2010 had stated the said amount as receivables due to mistake and also inadvertently omitted the very amount in its return. It then requested the CPC by way of rectification dated 11.10.2012 for TDS refund. The same stood rejected vide intimation dated 02.11.2012. The assessee then preferred the impugned rectification before the Assessing Officer. He also declined the same in his order dated 13.06.2013 holding that the above alleged error was not in the nature of mistake apparent from record. The CIT(A) affirmed the same in lower appellate proceedings.
3. We have heard rival submissions reiterating both parties' respective stands against and in support of the impugned rectification. Mr. Divatia takes us to paper book pages well containing Form 26AS to the effect that the payer in question M/s. Cliantha Research Ltd. had in fact deducted TDS of Rs.1,20,875/- pertaining to the impugned assessment year. The Assessing Officer's notice u/s. 133(6) of the Act (supra) formed part of record at page 14 that the assessee had not claimed the said TDS. All this sufficiently indicate that the assessee's computation in question suffers from an inadvertent error. We accordingly conclude that it is very much entitled to seek the relevant rectification u/s.154 of ITA No. 2881/Ahd/15 [M/s. The Shalin Infrastructure Pvt. Ltd. vs. ITO ] A.Y. 2010-11 -3- the Act for appropriate assessment of its taxable income/loss as per the provisions of the Act. We accordingly accept assessee's sole substantive grievance and direct the Assessing Officer to frame consequential computation as per law.
4. This assessee's appeal is allowed in above terms.
[Pronounced in the open Court on this the 28th day of March, 2018.] Sd/- Sd/-
(N. K. BILLAIYA) (S. S. GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad: Dated 28/03/2018
True Copy
S.K.SINHA
आदे श क त ल
प अ े
षत / Copy of Order Forwarded to:-
1. राज
व / Revenue
2. आवेदक / Assessee
3. संबं धत आयकर आयु!त / Concerned CIT
4. आयकर आयु!त- अपील / CIT (A)
5. )वभागीय ,-त-न ध, आयकर अपील य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड3 फाइल / Guard file.
By order/आदे श से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद ।