Appeal details
Counselvise Citation
[2011] 100 COUNSELVISE.COM (IT) 2678 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 month(s) 27 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
30-03-2011
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
B
Next Hearing Date
30-03-2011
Assessment Year
2006-2007
Appeal Filed On
03-12-2010
Judgement Text
IN THE INCOME-TAX APPELLATE TRIBUNAL CHENNAI B BENCH, CHENNAI. BEFORE SHRI.U.B.S. BEDI J.M. & SHRI. ABRAHAM P. GEORGE, A.M. I.T.A. NO.2045/MDS/2010 ASSESSMENT YEAR: 2006-07 THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE IV(3), AAYAKAR BHAVAN, MAIN BUILDING, IV FLOOR, 121, M.G. ROAD, NUNGAMBAKKAM, CHENNAI 600 034. VS. M/S. NPT OFFSET PRESS P. LTD., 150, ROYAPETTAH HIGH ROAD, ROYAPETTAH, CHENNAI 600 014. [PAN:AAACN2413M] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.B. SEKARAN ASSESSEE BY : SHRI C. NARESH ORDER PER U.B.S. BEDI, J.M . THIS APPEAL OF THE DEPARTMENT EMANATES FROM THE ORDER PASSED BY THE LD. CIT(A) V, CHENNAI DATED 31.08.2010 RELEVANT TO THE ASSESSMENT YEAR 2006-07, AGAINST THE ORDER OF THE ASSESSING OFFICE R, COMPANY CIRCLE PASSED UNDER SECTION 154 OF THE INCOME TAX ACT, WHEREBY THE DEPARTMENT HAS CHALLENGED THE ACTION OF LD. CIT(A) IN DIRECTING THE ASSESSING OFFICER TO ALLOW TH E CREDIT OF MAT PAID IN THE ASSESSMENT YEAR 2000-01 BY RE LYING UPON THE ORDER OF T HE TRIBUNAL IN THE CASE OF DATA SOFTWARE RESEARCH CO. (INTERNAT IONAL) IN ITA NO. 1602/MDS/2008 DATED 16.04.2009, WHICH, ACCORDING TO THE RE VENUE, HAS NOT BECOME FINAL AS THE DEPARTMENT HAS FILED APPEAL BEFORE THE HIGH COURT. 2. BRIEF FACTS ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINE SS OF PRINTING. FOR THE RELEVANT ASSESSMENT YEAR, THE ASSESSEE F ILED RETURN OF INCOME DISCLOSING A TOTAL INCOME OF ` .86,50,530/- UNDER NORMAL PROFITS ME THOD AND TAX LIABI LITY THEREOF AMOUNTING TO ` .28,05,613/-. AFTER GIVING SET OFF CREDIT FOR MAT AMOUNTING TO I.T.A. NO.2045/MDS/10 2 ` .8,70,613/- AND TDS FOR ` .20,19,044/-, A NET REFUND OF ` .84,044/- WAS CLAIMED IN THE RETURN OF INCOME. HOWEVER, IN T HE INTIMATION UNDER SECTION 143(1) DATED 17.03.2009, NO CREDIT FOR MAT WAS GRANT ED AND CONSEQUENTLY, A DEMAND FOR ` .11,52,053/- INCLUSIVE OF INTEREST UNDER SECTION 234B AND 234C AMOUNTING TO ` .2,59,328/- WAS RAISED./ THE ASSESSEE VI DE A PETITION UNDER SECTION 154 DATED 05.10.2009 FILED WITH THE ASSESSING OFFICER ON THE GROUND THAT T HERE WAS A MISTAKE APPARENT FROM THE INTIMATION THAT CREDIT FOR MAT AMOUNTING TO ` .8,70,613/- WAS NOT GRANTED AS CLAIMED IN THE RETURN OF INCO ME. HOWEVER, THE ASSESSING OFFICER VIDE ORDER DATED 19.03.2010 HAS DISALLOWED THE CLAIM OF CREDIT AND CONSEQUENTLY REJECTED THE ABOVE PETITION. 3. THE ASSESSEE TOOK UP THE MATTER IN APPEAL AND THE LD. CIT(A), WHILE FOLLOWING THE DECISION OF THE ITAT, CHENNAI B BENC H IN THE CASE OF ITO VS. DATA SOFTWARE RESEARCH COMPANY (INTERNATIONAL) PVT. LTD. IN ITA NO. 1602/MDS/2008 DATED 16.04.2009 HAS ACCEPTED THE C ONTENTION AS RAISED BY THE ASSESSEE AND DIRECTED THE ASSESSING OFFICER TO ALLOW THE CREDIT FOR MAT PAID FOR THE RELEVANT ASSESSMENT YEAR. 4. AGGRIEVED BY SUCH ORDER OF THE LD . CIT(A), THE DEPARTMENT HAS COME UP IN APPEAL AND WHILE RELYING UPON THE GROUNDS AS RAISED IN THE MEMORANDUM OF APPEAL, IT WAS PLEADED FOR SETTING ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORING THAT OF THE ASSESSING OFFICER AS THE DEPARTMENT HAS NOT ACCEPTED THE DECIS ION OF THE ITAT CHENNAI B BENCH IN THE CASE OF IT O VS. DATA SOFTWARE RESEARCH COMPANY (INTERNATIONAL) PVT. LTD. (S UPRA) AND APPEAL HAS BEEN FI LED BEFORE THE HONBLE MADRAS HIGH COURT IN THAT CASE. THE LD. DR HAS ALSO FILED C OPY OF THAT ORDER. WHEREAS, THE LD. COUNSEL FOR THE ASSESSEE HAS PLEADED THAT SINCE THE ISSUE IS I.T.A. NO.2045/MDS/10 3 SQUARELY COVERED BY THE DECISION OF THE ITAT, CHENNAI B BENCH AND FILING OF APPEAL IN THE HIGH COURT AGAINST THE ORDER OF THE TR IBUNAL CANNOT BE OF ANY HELP TO THE DEPARTMENT OR A GROUND FOR GETTING RELIEF BEFORE THIS BENCH, THEREFORE, IT WAS PRAYED THAT THE APPEAL OF THE REVENUE SHOULD BE DISMISSED. 5. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MATERIAL ON RECORD AND FIND THAT THE ISSUE RAISED IN THIS APPEAL IS SQUAR ELY COVERED BY THE DECISION OF THE ITAT B BENCH, CHENNAI IN THE CASE OF IT O VS. DATA SOFTWARE RESEARCH COMPANY (INTERNATIONAL) PVT. LTD.(SUPRA) IN FAVOUR OF THE ASSESSEE. THEREFORE, WHILE FOLLOWING THE SAID DECISION (TO WHICH ONE OF US IS PARTY) WE UPHOLD THE IMPUGNED ORDER AND DISMISS THE APPEAL OF THE REVENUE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE GETS DISMISSED. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEARING ON 30.03.2011. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI, DATED, THE. 30.03.2011 VM/- TO:THE ASSESSEE//A.O./CIT(A)/CIT/D.R.
