DCIT CORPORATE CIRCLE 6 (1), CHENNAI V. M/S SHAKTHI KNITTING LIMITED, CHENNAI

ITA 1097/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5143 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 02-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Section: 43B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1097/CHNY/2018 ) *) / ASSESSMENT YEAR : 2014-15 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(1), CHENNAI - 600 034. V. M/S SHAKTHI KNITTING LIMITED, 64, VELACHERRY MAIN ROAD, SANKARAN AVENUE, CHENNAI - 600 042. PAN : AAECS 4040 H (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : SHRI B. SAGADEVAN, JCIT ./,- 0 1 / RESPONDENT BY : NONE 2 0 3% / DATE OF HEARING : 09.01.2019 45* 0 3% / DATE OF PRONOUNCEMENT : 04.02.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-15, CHENNA I, DATED 29.01.2018 AND PERTAINS TO ASSESSMENT YEAR 2014-15. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DISAL LOWANCE OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND UNDER SEC TION 43B OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 2 I.T.A. NO.1097/CHNY/18 3. NO ONE APPEARED FOR THE ASSESSEE INSPITE OF RECE IPT OF NOTICE. THE REGISTRY HAS PLACED ON RECORD THE POST AL ACKNOWLEDGEMENT AS PROOF OF SERVICE OF NOTICE ON TH E ASSESSEE. THEREFORE, WE HEARD THE LD. DEPARTMENTAL REPRESENTA TIVE AND PROCEEDED TO DISPOSE THE APPEAL ON MERIT. 4. SHRI B. SAGADEVAN, THE LD. DEPARTMENTAL REPRESEN TATIVE, SUBMITTED THAT THE ASSESSEE HAD NOT DEPOSITED THE E MPLOYEES CONTRIBUTION TO PROVIDENT FUND WITHIN THE DUE DATE PROVIDED UNDER THE RESPECTIVE PROVIDENT FUND ACT, THEREFORE, IT CA NNOT BE ALLOWED UNDER SECTION 36(1)(VA) OF THE ACT. 5. WE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. WITH RE GARD TO ALLOWANCE OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND, THE M ADRAS HIGH COURT IN THE CASE OF CIT V. INDUSTRIAL SECURITY AND INTELLIGENCE INDIA (P.) LTD. IN TC(A). NO.585 & 586 OF 2015 FOUND THAT IT HAS TO BE ALLOWED IN CASE IT WAS DEPOSITED WITHIN THE DUE DAT E FOR FILING THE RETURN OF INCOME. IN THE PRESENT CASE, ADMITTEDLY THE PAYMENTS WERE MADE BEFORE THE DUE DATE FOR FILING OF RETURN OF INCOME. 3 I.T.A. NO.1097/CHNY/18 THEREFORE, THIS TRIBUNAL HAS NO REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY. ACCORDINGLY, THE SAME IS CONF IRMED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 4 TH FEBRUARY, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 4 TH FEBRUARY, 2019. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-15, CHENNAI-34 4. PRINCIPAL CIT-6, CHENNAI 5. 9< .3 /DR 6. =) > /GF.