ACIT, Jaipur V. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD., Jaipur

ITA 122/JPR/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9713 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 06-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH MEENA
• Assessee Lawyers: P C PARWAL CA DHK
• Section: 43B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH HKKXPUN] YS[KK LNL; ,OA JH DQY HKKJR] U;KF;D LNL; DS LE{K BEFORE: SHRI BHAGCHAND, AM AND SHRI KUL BHARAT, JM VK;DJ VIHY LA- @ ITA NO. 122/JP/2017 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2012-13. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR. CUKE VS. M/S. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD., JANPATH, JYOTI NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AABCR 8312 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT VK;DJ VIHY LA- @ ITA NO. 124/JP/2017 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2012-13. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR. CUKE VS. M/S. JAIPUR VIDYUT VITRAN NIGAM LTD., JYOTI NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AABCJ 6373 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI PRAKASH MEENA (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 06.03.2017. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 08 /03/2017. VKNS'K@ ORDER PER SHRI KUL BHARAT, J.M. THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAI NST TWO SEPARATE ORDERS OF LD. CIT (A)-2, JAIPUR DATED 28.11.2016 IN RESPECT O F TWO DIFFERENT ASSESSEES PERTAINING TO ASSESSMENT YEAR 2012-13. THE REVENUE HAS RAISED THE FOLLOWING SIMILAR GROUNDS EXCEPT CHANGE IN FIGURES IN BOTH THE APPEAL S :- 2 ITA NOS. 122 & 124/JP/2017 M/S. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD. & M/S. JAIPUR VIDYUT VITARAN NIGAM LTD. ITA NO. 122/JP/2017 : 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (A) WAS JUSTIFIED IN DELETING THE ADDITION OF R S. 2,39,08,425/- MADE BY THE AO FOR DEPOSITING THE EMPLOYEES CONTRIBUTIO N TO PF & ESI BEYOND THE PRESCRIBED TIME LIMIT PROVIDED IN RESPEC TIVE ACTS. 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT (A) WAS JUSTIFIED IN HOLDING THAT EMPLOYEES CO NTRIBUTION TO PF & ESI ARE GOVERNED BY THE PROVISION OF SECTION 43B AN D NOT BY SECTION 36(1)(VA) R.W.S. 2(24)(X) OF THE I.T. ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE IS SQUARELY COVERED BY THE JUDGMENTS OF VARIOUS HONBL E HIGH COURTS INCLUDING HONBLE JURISDICTIONAL HIGH COURT WHEREIN IT HAS BEEN HELD THAT IF THE EMPLOYEES CONTRIBUTION TO ESI AND PF IS DEPOSITED BEFORE THE DUE DATE OF F ILING OF THE RETURN, THE SAME IS ALLOWABLE. THE LD. COUNSEL SUBMITTED THAT IN THE P RESENT CASE THE ASSESSEE HAS DEPOSITED THE ENTIRE AMOUNT OF EMPLOYEES CONTRIBUT ION TOWARDS ESI AND PF BEFORE THE DUE DATE OF FILING OF THE RETURN AS IS EVIDENT FROM THE TABLE GIVEN IN THE ASSESSMENT ORDER ITSELF. IN SUPPORT OF HIS CONTENT ION, THE LD. COUNSEL PLACED RELIANCE ON THE FOLLOWING CASE LAWS :- CIT VS. STATE BANK OF BIKANER & JAIPUR (2014) DTR 131 (RAJ.HC) CIT VS. JAIPUR VIDYUT VITRAN NIGAM LTD., 98 DTR 10 5 (RAJ.HC) CIT VS. UDAIPUR DUGDH UTPADAK SAHAKARISANGH LTD. (2 013) 98 DTR 109 (RAJ.HC). THE LD. COUNSEL, THEREFORE, PRAYED THAT THE ORDER O F LD. CIT (A) BE AFFIRMED. 2.1. ON THE CONTRARY, THE LD. D/R SUPPORTED THE ORD ER OF THE ASSESSING OFFICER. 3 ITA NOS. 122 & 124/JP/2017 M/S. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD. & M/S. JAIPUR VIDYUT VITARAN NIGAM LTD. 2.2. WE HAVE HEARD RIVAL CONTENTIONS, PERUSED THE M ATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. WE FIND THAT THE ISSUE RELATING TO DEPOSIT OF CONTRIBUTION TO ESI AND PF I S SQUARELY COVERED BY THE VARIOUS JUDICIAL PRONOUNCEMENTS OF HONBLE JURISDICTIONAL H IGH COURT IN THE ASSESSEES OWN CASE AS CITED BY THE LD. COUNSEL. THE LD. D/R HAS NOT CONTROVERTED THE SUBMISSIONS OF THE LD. COUNSEL. THEREFORE, PLACING RELIANCE ON THE JUDGMENTS OF HONBLE RAJASTHAN HIGH COURT, WE FIND NO REASON TO INTERFER E IN THE ORDER OF LD. CIT (A), THE SAME IS HEREBY UPHELD. 3. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 /03 /2017. SD/- SD/- ( HKKXPUN] ( DQY HKKJR ) (BHAG CHAND ) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 08 /03/2017. D/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE ACIT, CIRCLE-6, JAIPUR. 2. THE RESPONDENT M/S. RAJASTHAN RAJYA VIDYUT PRA SARAN NIGAM LTD., JAIPUR & M/S. JAIPUR VIDYUT VITARAN NIGAM LTD., JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 122 & 124/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 4 ITA NOS. 122 & 124/JP/2017 M/S. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD. & M/S. JAIPUR VIDYUT VITARAN NIGAM LTD.