Softhard Automation Pvt.Ltd., Pune V. Dy.CIT, Cir-6, Pune, Pune

ITA 1/PUN/2010

• Counselvise Citation: 124514 RSA 2010
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 01-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: S U SANCHETI; S P SURTE
• Section: 43B; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH: B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI G.S. PANNU, AM I.T.A. NO. 01/PN/2010: A.Y. 2006-07 SOFTHAND AUTOMATION PVT. LTD., 19 INDU BUILDING CHITTAVIHARI SOCIETY DHANKAWADI, PUNE-43 PAN AACCS 3523 M APPELLANT VS. DY. CIT CIR. 6, PUNE RESPONDENT APPELLANT BY : SHRI S.P. SURTE AND SHRI S.U. SANCHETI RESPONDENT BY: ANN KAPTHUAMA ORDER PER SHAILENDRA KUMAR YADAV THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT (A) III PUNE DATED 1-10-2009 FOR A.Y . 2006-07 ON THE POINT OF CONFIRMATION OF ADDITION OF RS. 9,51,0 65/- U/S 361)(VA) READ WITH SECTION 2(24)(X) OF THE ACT ON A CCOUNT OF DELAYED PAYMENT OF EMPLOYEES CONTRIBUTION TO PROVID ENT FUND. 2. FOR THE YEAR UNDER CONSIDERATION, THE ASSESSEE F ILED A RETURN OF INCOME DECLARING TOTAL INCOME OF RS. 67,1 4,512/- WHICH WAS PROCESSED U/S 143(3) OF THE ACT BY THE AS SESSING ITA NO. 01/PN/2010 SOFTHAND AUTOMATION A.Y. 2006-07 - 2 - OFFICER DETERMINING THE TOTAL INCOME AT RS. 99,35,2 60/- AFTER MAKING VARIOUS ADDITIONS/DISALLOWANCES. THE ONLY G ROUND RAISED BY THE ASSESSEE IN THIS APPEAL RELATES TO AD DITION OF RS. 9,51,065/- MADE U/S 36(1)(VA) READ WITH SECTION 2(24)(X) OF THE ACT IN RESPECT OF DELAYED PAYMENT OF EMPLOYEES CONTRIBUTION OF PROVIDENT FUND. THE ASSESSING OFFI CER MADE THE ADDITION BY OBSERVING THAT THE PAYMENTS TOWARDS EMPLOYEES' CONTRIBUTION OF PROVIDENT FUND HAS NOT B EEN MADE BY THE ASSESSEE WITHIN THE DUE DATE, WHICH WAS CONF IRMED BY THE CIT(A) IN THE FIRST APPELLATE PROCEEDINGS. THE SAME HAS BEEN OPPOSED BY THE ASSESSEE BEFORE US. 3. BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE PLACED RELIANCE ON THE JUDGMENT OF HONBLE SUPREME COURT I N THE CASE OF CIT VS. ALOM EXTRUSIONS LTD. (2009) 319 ITR 306 (SC) AND ALSO ON THE DECISION OF CO-ORDINATE BENCH OF TH E TRIBUNAL IN THE CASE OF PIK PEN PVT. LTD. VS. ITO (ITA NO. 6847/MUM/2008) DATED 28-1-2010, COPIES WHEREOF ARE PLACED ON RECORD. THE LEARNED DR SUPPORTED THE ORDERS OF AUTHORITIES BELOW. 4. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MATERIAL ON RECORD, WE FIND THAT THIS ISSUE IS NOW SETTLED I N FAVOUR OF ITA NO. 01/PN/2010 SOFTHAND AUTOMATION A.Y. 2006-07 - 3 - THE ASSESSEE BY THE JUDGMENT OF HONBLE APEX COURT IN THE CASE OF CIT VS. ALOM EXTRUSIONS LTD. (2009) 319 ITR 306 (SC). THE ISSUE BEFORE HONBLE SUPREME COURT WAS WHETHER THE OMISSION OF SECOND PROVISO TO SECTION 43B OF THE AC T BY THE FINANCE ACT 203, OPERATED W.E.F. 1-2-2004 OR WHETHE R IT OPERATED RETROSPECTIVELY W.E.F. 1-4-1988. IN THE S AID CASE THE ISSUE WAS ALSO CONCERNING THE CONTRIBUTION PAYABLE BY THE EMPLOYER TO THE P.F./SUPERANNUATION FUND OR ANY OTH ER FUND OF WELFARE OF THE EMPLOYEES. SO, RESPECTFULLY FOL LOWING THE SAID JUDGMENT OF HONBLE SUPREME COURT, WE DIRECT THE A. O TO ALLOW THE CLAIM OF THE ASSESSEE. 5. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MAY 2011. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 27 TH MAY 2011. ANKAM COPY OF ORDER FORWARDED TO : 1. ASSESSEES 2. DEPARTMENT 3. CIT(A) III PUNE 4. CIT - IV PUNE 5. ITAT, D.R. B BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITA NO. 01/PN/2010 SOFTHAND AUTOMATION A.Y. 2006-07 - 4 - INCOME TAX APPELLATE TRIBUNAL PUNE.