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TMI Blog2013 (11) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... g effective common grounds in all these appeals:- "1. The CIT (A) has erred in law and as to facts. 2. The ld. CIT (A) ought to have appreciated the fact that the dividend declared and distributed to the subscribers required TDS to be made u/s 194A of the Act during the Financial year relevant to the assessment year 2005-06." 3. Since facts are similar and identical for all the years under consideration, for the sake of brevity, we deal with facts as mentioned for assessment year 2005-06.Brief facts of the case the assessee is engaged in the business of chit fund, food processing and farm maintenance. In course of assessment proceedings, the AO noticed that the assessee company had paid dividend of Rs.5000/- and above to each subscriber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubscribers of chit does not partake the character of interest and accordingly the assessee is not liable to deduct tax at source u/s 194A. On the aforesaid finding, the CIT (A) held that the assessee is not liable for tax and interest u/s 201(1) and 201(1A) of the Act respectively. 5. The learned DR at the outset, fairly submitted that the issue is covered by the decision of ITAT, Hyderabad "B" Bench in the case of the same assessee passed in ITA No.973/Hyd/2011 dated 24-2-2012 relating to the assessment year 2008-09. Learned DR further submitted that department has not accepted the decision of the Tribunal and has filed appeal in the High Court against it. The learned AR submitted that the issue is fully covered by the decision of the ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant is not the personality of the officers presiding over the Tribunal or participating in the hearing but the Tribunal as an institution. If it is to be conceded that simply because of the change in the personnel of the officers who manned the Tribunal, it is open to the new officers to come to a conclusion totally contradictory to the conclusion which had been reached by the earlier officers manning the same Tribunal, on the same set of facts, it will not only shake the confidence of the public in judicial procedure as such, but it will also totally destroy such confidence. The result of this will be conclusions based on arbitrariness and whims and fancies of the individuals presiding over the courts or the tribunals and not reached objec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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