Asstt.CIT Cir.7, Pune V. U.B. Engineering Ltd., Pune

ITA 1035/PUN/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7692 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 31-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHISHIR DHAMIJA
• Assessee Lawyers: B K MANJUNATH
• Section: 43B

Judgement Text

IN THE INCOME TAX APPLLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO ITA NO. 1035 & 1036/PN/09 (A.YS 2001-02 & 2002-03) ACIT CIRCLE-7, PUNE .... APPELLANT VS. U.B. ENGINEERING LTD., SAHAYADRI SADAN, TILAK ROAD, PUNE-30 PAN NO. AAACU1363K . RESPONDENT APPELLANT BY : SHRI SHISHIR DHAMIJA RESPONDENT BY : SHRI B.K. MANJUNATH ORDER PER D. KARUNAKARA RAO AM THESE TWO APPEALS FILED BY THE REVENUE ARE AGAINST THE ORDER OF THE CIT(A), III PUNE IDENTICALLY DATED 29-06-2009 FOR THE ASSESS MENT YEARS 2001-02 TO 2002-03. 2. AT THE VERY OUTSET, LD. COUNSEL FOR THE ASSESSEE S UMMED UP THE WHOLE ISSUE BY STATING THAT BOTH THE APPEALS REVOLVE AROUND THE I SSUE OF ALLOWABILITY OF THE CLAIM OF THE ASSESSEE WITH REGARD TO THE PROVIDENT FUND PAYM ENT MADE BEYOND THE END OF THE RELEVANT FINANCIAL YEAR BUT BEFORE THE DUE DATE FO R THE FILING OF THE RETURN OF INCOME. HE MENTIONED THAT THE SAID ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE ORDER OF THE TRIBUNAL IN THE ASSESSEES OWN CASE F OR THE A.Y 2001-02 AND 2004- 05 VIDE ITA NOS. 1019 & 09/PN/09 AND OTHERS. IN THI S REGARD, LD. COUNSEL TOOK US THROUGH PARA 6 ON PAGE 9 OF THE ORDER OF THE TRIBUNAL D ATED 30-11-2010 AND READ OUT RELEVANT PARA 8 FOR DECISION IN FAVOUR OF THE ASS ESSEE. IT WAS SO DECIDED RELYING ON THE SUPREME COURT JUDGEMENT IN THE CASE OF ALOM EX TRUSIONS LTD. 319 ITR 306 (SC). ITA NOS. 1035 & 1036/PN/09 A.Y: 2001-02 & 2002-03 PAGE 2 OF 2 3. WE PERUSED THE SAID PARAS WHICH READS AS FOLLOWS:- 6. CLAIMS OF PROVIDENT FUND: THIS ISSUE IS RELEVANT TO ITA NO. 1573/PN/09 FOR THE A.Y 2005-06. DURING THE PROCEEDINGS LD. COUNSEL FOR THE ASSESSEE STATED THAT THE A.O DISALL OWED THE CLAIM OF PROVIDENT FUND CONTRIBUTION RELYING ON THE THEN EXI STING JUDGEMENTS. FURTHER, LD. COUNSEL MENTIONED THAT THERE ARE VARIO US JUDGEMENTS IN FAVOUR OF THE ASSESSEE FOR THE PROPOSITION THAT THE P.F CONTRIBUTION IF PAID BEFORE THE DUE DATE FOR FILING OF RETURN OF INCOME, THE CLAIM SHOULD BE ALLOWED. SOME OF THESE DECISIONS ARE JUDG EMENT OF DELHI HIGH COURT IN THE CASE OF AIMIL LTD. 321 ITR 508 (D EL.), JUDGEMENT OF SUPREME COURT IN THE CASE OF ALOM EXTRUSIONS LTD. 3 19 ITR 306 (SC). 8. WE HAVE HEARD BOTH PARTIES AND PERUSED THE ORDER S OF THE REVENUE AS WELL AS THE JUDGEMENTS CITED BY THE ASSESSEE. ON TH E BASIS OF UNDISPUTED FACT THE AMOUNTS IN QUESTION WERE PAID AFTER THE END OF THE MARCH AND BEFORE THE DUE DATE OF FILING OF RETURN OF INCOME AND ALSO IN VIEW OF THE SUPREME COURT DECISION IN THE CASE OF ALOM EXTRUSIONS LTD. (SUPRA ) FOR THE PROPOSITION THAT THE DELETION OF THE 2 ND PROVISO TO SEC. 43B IS CLARIFICATORY IN NATURE. NO THING CONTRARY IS BROUGHT TO OUR NOTICE BY THE REVENUE. W E ARE OF THE OPINION THE ISSUE HAS TO BE DECIDED IN FAVOUR OF THE ASSESSEE. ACCORDINGLY, GROUNDS ARE ALLOWED. 4. CONSIDERING THE WELL ABOVE, THE ISSUE RAISED IN TH E APPEALS ARE SETTLED AT THE LEVEL OF THE APEX COURT. THEREFORE, WE ARE OF THE OPINI ON THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE. ACCORDINGLY, THE GROUNDS RAISED BY THE REVENUE IN BOTH THE APPEALS HAVE TO BE DISMISSED . HENCE, THE ORDERS OF THE CIT(A) DO NOT CALL FOR ANY INTERFERENCE FOR THE REASONS GIVEN ABOVE. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVE NUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH JANUARY, 2011. SD/- SD/- (I.C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 07 TH JANUARY, 2011. R COPY OF THE ORDER IS FORWARDED TO : 1. ACIT, CIRCLE-7, PUNE 2. ASSESSEE 3. CIT(A)-III, PUNE 4. CIT-IV, PUNE 5. D.R. ITAT A BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE