M/s Associated Hydro Pressings Pvt Ltd , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore

ITA 1040/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7329 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 12-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Section: 142(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B, BANGALORE BEFORE SHRI A.K.GARODIA, AM & SHRI GEORGE GEORGE K, JM ITA NO.1040/BANG/2017 : ASST.YEAR 2012-2013 M/S.ASSOCIATED HYDRO PRESSINGS PRIVATE LIMITED BENNIGANAHALLI OLD MADRAS ROAD BANGALORE 560 016. PAN : AABCA4363N. DY.COMMISSIONER OF INCOME-TAX CIRCLE 1(1 )(1) BANGALORE. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SMT.PADMAMEENAKSHI, JCIT DATE OF HEARING : 30.10.2017 DATE OF PRONOUNCEMENT : 03.11.2017 O R D E R PER GEORGE GEORGE K, JM THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIR ECTED AGAINST THE CIT(A)S ORDER DATED 23.02.2017. THE RE LEVANT ASSESSMENT YEAR IS 2012-2013. 2. THE GROUNDS RAISED READ AS FOLLOWS:- 1. THAT THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-I, IN SO FAR IT IS PREJUDICIAL TO THE INTERESTS OF THE APPELLANT, IS BAD AND ERRONEOUS IN LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE . 2. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, ERRED IN LAW AND ON FACTS IN DISALLOWI NG THE ACTUAL PAYMENT OF RS.10,41,560 TOWARDS GRATUITY FUND . ITA NO.1040/BANG/2017. M/S.ASSOCIATED HYDRO PRESSINGS PVT.LTD. 2 3. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1 ERRED IN LAW AND ON FACTS IN DISALLOWIN G THE ACTUAL PAYMENT TO GRATUITY FUND JUST BECAUSE IT IS NOT APPROVED BY COMMISSIONER OF INCOME TAX. EACH OF THE ABOVE GROUNDS IS WITHOUT PREJUDICE TO O NE ANOTHER AND THE APPELLANT CRAVES THE LEAVE OF THE H ONBLE INCOME TAX APPELLATE TRIBUNAL, BANGALORE TO ADD, DE LETE, AMEND, OR OTHERWISE MODIFY EITHER ALL OR ANY OF THE ABOVE GROUNDS WITHER BEFORE OR AT THE TIME OF HEARING THI S APPEAL. 3. THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:- 3.1 THE ASSESSEE HAS FILED ITS RETURN OF INCOME FOR THE RELEVANT ASSESSMENT YEAR DECLARING A TOTAL INCOME O F RS.39,47,548 AFTER SETTING OFF OF BROUGHT FORWARD L OSSES OF RS.6,96,608. THE ASSESSEES CASE WAS SELECTED FOR S CRUTINY BY ISSUING NOTICE U/S 143(2) AND 142(1) OF THE ACT. TH EREAFTER THE ASSESSMENT WAS COMPLETED BY THE ASSESSING OFFICER, INTER ALIA, DISALLOWING EXPENSES TOWARDS CONTRIBUTION TO GRATUI TY FUND AMOUNTING TO RS.10,41,560 BY OBSERVING THAT THE CON TRIBUTION IS NOT MADE TO AN APPROVED FUND AS PROVIDED IN THE ACT. IN FIRST APPEAL, THE LEARNED CIT(A) CONFIRMED THE DISA LLOWANCE MADE BY THE ASSESSING OFFICER. 4. NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWE VER, WE PROCEED TO DISPOSE OF THE APPEAL, AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE. 5. AFTER HEARING THE LEARNED DR AND PERUSING THE RE LEVANT MATERIAL ON RECORD, WE FIND THAT THE LEARNED CIT(A) HAS RIGHTLY CONFIRMED THE ADDITION MADE BY THE ASSESSING OFFICE R. THUS, ITA NO.1040/BANG/2017. M/S.ASSOCIATED HYDRO PRESSINGS PVT.LTD. 3 WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CI T(A) IN UPHOLDING THE ACTION OF THE ASSESSING OFFICER. IT I S ORDERED ACCORDINGLY. 6. IN THE RESULT, THE APPEAL BY THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED ON THIS 03 RD DAY OF NOVEMBER , 2017. SD/- SD/- (A.K.GARODIA) (GEORGE GEORGE K.) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE ; DATED : 03 RD NOVEMBER, 2017. DEVDAS* COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER, (ASSTT. REGISTRAR) ITAT, BANGALORE 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT, BENGALURU. 4. CIT(A)-1, BENGALURU 5. DR, ITAT, BANGALORE 6. GUARD FILE.