Case Number: ITA 2271/DEL/2022
Appellant: CATVITION LIMITED, Delhi
Respondent: ACIT, Circle-4(2), Delhi
Assessment Year: 2018-19
Case Filed on: 2022-09-16
Order Type: Final Tribunal Order
Date of Order: 2023-05-23
Pronounced on: 2023-05-23
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B” DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER
I.T.A. No.2271/DEL/2022 Assessment Year 2018-19
Catvision Ltd. H-17/202 Second Floor Main Vikas Marg Laxmi Nagar New Delhi. Vs. ACIT, Circle-4(2), Delhi. TAN/PAN: AAACC0249A (Appellant) (Respondent)
Appellant by: Shri R.K. Gaur, CA Respondent by: Shri Sanjay Kumar Yadav, Sr.DR Date of hearing: 09-05-2023 Date of pronouncement: 23-05-2023
PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the Assessee against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi (‘CIT(A)’ in short) dated 27.07.2022 arising from the assessment order dated 16.04.2021 passed by the Assessing Officer (AO) under Section 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2018-19.
The grounds of appeal raised by the assessee read as under:
When the matter was called for hearing, the assessee submitted that the demand has been raised by the Assessing Officer towards dividend distribution tax amounting to Rs.15,87,620/- for Assessment Year 2018-19 in question. In this context, the assessee submitted that the Assessing Officer has not given the credit towards dividend distribution tax paid to the extent of Rs.11,10,225/-. It is submitted on behalf of the assessee that the dividend distribution tax payable under Section 115O on dividend declared during the Financial Year 2017-18 was paid on 13.06.2017. However, while making payment of such amount, the assessment year was wrongly mentioned in the challan as Assessment Year 2017-18 instead of the correct Assessment Year 2018-19. The assessee submitted that all these facts were placed before the CIT(A) but the CIT(A) strictly went by the details put in the challan reflecting Assessment Year 2017-18 and therefore, declined to give any credit for payment claimed against the challan in respect of Assessment Year 2018-19 in question.
In the matter, the ld. counsel for the assessee submitted that the taxes to the extent of Rs.11,10,225/- have been duly paid to the coffers of the Government albeit mentioning incorrect assessment year in the challan and therefore, credit should be given for such payments in relation to Assessment Year 2018-19. The mistake committed by the Assessee towards incorrect mentioning of assessment year should be corrected by the Appellate Authorities.
On being inquired by the Bench, the ld. counsel submitted that the credit for such challan has not been taken in any other assessment year and the assessee is willing to file the affidavit and the indemnity bond in this regard and also such other declaration as may be called upon by the Revenue to assign credit in the correct AY 2018-19.
In the light of the submissions made on behalf of the assessee, the matter is restored back to the file of the Assessing Officer to provide one more opportunity to Assessee and for re-examination of the issue by the Assessing Officer. The Assessing Officer shall grant credit for taxes paid, in accordance with provisions of law, where the authority concerned is duly satisfied about the appropriate recovery of tax and after taking due safeguards on any possible misuse of the e-challan purportedly bearing incorrect assessment year. It shall be open to the Assessee to place relevant facts and position of law before the Assessing Officer to enable him to perform his quasi-judicial function in accordance with law.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 23/05/2023.
Sd/- Sd/- [CHANDRA MOHAN GARG] [PRADIP KUMAR KEDIA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: /05/2023 Prabhat
Catvision Limited vs. ACIT, Circle-4(2), Delhi (2018-19) – Tax Credit Dispute
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