Maurya Hotels (Madras) Pvt. Ltd., CHENNAI V. DCIT Corporate Circle 4(1), CHENNAI

CO 39/CHNY/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3759 (ITAT-CHENNAI)
• Duration Of Justice: 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 20-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: P ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , , $ BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO. 2995/CHNY/2017 & CO. NO: 39/CHNY/2018 / ASSESSMENT YEAR : 2014-15 DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE -4(1), CHENNAI 600 034. VS. M/S. MAURYA HOTELS (MADRAS) PVT. LTD., NO. 168/169, ARCOT ROAD, VADAPALANI, CHENNAI 600 026. [PAN: AACCM 8664P] ( / APPELLANT) ( %&' /RESPONDENT & CROSS OBJECTOR) REVENUE BY : SHRI. N. MADHAVAN, ADDL. CIT ASSESSEE BY : SHRI. P. ANAND, CA . /DATE OF HEARING : 01.05.2018 . /DATE OF PRONOUNCEMENT : 01.05.2018 / O R D E R PER BENCH: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-8, CHENNAI IN ITA NO. 300/2 016-17 DATED 29.07.2017 FOR ASSESSMENT YEAR 2014-15 AND THE ASSE SSEE FILED CO AGAINST THE SAME ORDER. :-2-: ITA NO. 2995/CHNY/2017 & CO NO: 39/CHNY/2018 2. M/S. MAURYA HOTELS (MADRAS) PVT LTD., THE ASSESS EE, IS ENGAGED IN THE HOTEL BUSINESS. WHILE MAKING THE ASSESSMENT FOR AS SESSMENT YEAR 2014-15, THE AO FOUND THAT THE ASSESSEE HAS NOT REMITTED THE EMP LOYEES CONTRIBUTION TOWARDS PF/ESI WITHIN THE DUE DATE UNDER THE RESPEC TIVE STATUE, BUT MADE IT WELL WITHIN THE DUE DATE OF FILING THE RETURN U/S. 139(1 ) OF THE INCOME TAX ACT, 1961. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). BEFORE THE CIT(A), THE ASSESSEE RELIED ON THE DECISION OF VARIOUS HIGH COURTS AND TRIBUNAL DECISION. THE CIT(A) FOLLOWING THE DECISION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S. INDUSTRIAL SECURITY AND INTELLIGEN CE PVT. LTD., (TCA NO. 586/2016) HAS ALLOWED THE ASSESSEES APPEAL. AGGR IEVED, THE REVENUE FILED THIS APPEAL IN ITA NO. 2995/2017. 3. THE ASSESSEE FILED CO WITH THE FOLLOWING PLEA: (1) THERE IS A MISTAKE IN THE GROUND NO.2 TAKEN BY THE APPELLANT NAMELY IN THE AMOUNT DELETED IT IS MENTIONED AS RS.84,38,293 WHEREAS THE DELETION IS ONLY RS.6,71 243/- AND NOT RS.84,38,293/-. (2) THIS, IN TURN, WILL REDUCE THE TAX EFFECT WHICH WILL BE LESS THAN RS.2 LAKHS. AS PER CIRCULAR NO.21/2015 OF THE CENTRAL BOARD OF DIRECT TAXES, THE APPEAL CAN BE FILED FOR THE TRIBUNAL IN THE DISPUTE IF THE TAX EFFECT IS ABOVE RS.10 LAKHS. HENCE, THE APPEAL HAS TO BE SUMMARILY DISMISSED. 4. WE HEARD THE RIVAL SUBMISSIONS. WE FIND MERIT I N THE PLEA RAISED BY THE CO AND HENCE, THE CO IS ALLOWED. SINCE, THE CIT(A) HAS APPLIED THE DECISION :-3-: ITA NO. 2995/CHNY/2017 & CO NO: 39/CHNY/2018 OF THE JURISDICTIONAL HIGH COURT, THE REVENUES APP EAL IS DISMISSED BOTH ON MERIT AS WELL AS ON THE ASSESSEES PLEA ON THE TAX MONITORY LIMIT. 5. IN THE RESULT, REVENUES APPEAL IN ITA NO. 2995/ 2017 IS DISMISSED AND ASSESSEES CO IN CO NO. 39/2018 IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST MAY, 2018 AT CHENNAI. SD/- ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) ! /ACCOUNTANT MEMBER /CHENNAI, 3 /DATED: 01 ST MAY, 2018 JPV .%5676 /COPY TO: 1. ' / APPELLANT 2. %&' /RESPONDENT 3. 9 ) ( /CIT(A) 4. 9 /CIT 5. 6% /DR 6. /GF