Appeal Details
Counselvise Citation
[2015] 134 COUNSELVISE.COM (IT) 2435 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 8 month(s) 24 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
18-11-2015
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
C
Assessment Year
2010-2011
Appeal Filed On
24-02-2014
Judgement Text
, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.1229/MUM/2014 ASSESSMENT YEAR- 2010-11 M/S CARVER TECHNOLOGY & EQUIPMENT PVT. LTD. C/O- KALYANIWALLA & MISTRY, ARMY & NAVY BUILDING, 3 RD FLOOR, 14, M.G. ROAD, FORT, MUMBAI-400001 / VS. DCIT, RANGE-3(1), ROOM NO.604, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020 ( /ASSESSEE) ( ! / REVENUE) PAN. NO. AADCC2809H / ASSESSEE BY SHRI AMEY WAGLE ! / REVENUE BY SHRI ARVIND KUMAR-DR ' !# $ % / DATE OF HEARING : 18/11/2015 $ % / DATE OF ORDER: 23/11/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 12/12/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. THE ONLY GROUND RAISED IN THIS APPEAL PERTAINS TO C ONFIRMING THE DISALLOWANCE OF PAYMENT OF EMPLOYEES CONTRIBUTI ON TO M/S CARVER TECHNOLOGY & EQUIPMENT PVT. LTD. ITA NO.1229/MUM/2014 2 THE PROVIDENT FUND AMOUNTING TO RS.38,141/- AND DISALLOWANCE IN RESPECT OF LET PAYMENT OF EMPLOYEES CONTRIBUTION TO THE EMPLOYEES STATE INSURANCE CORPO RATION (ESIC) AMOUNTING TO RS.47,539/-. 2. DURING HEARING, AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE, CONTENDED THAT THE IMPUGNED ISSUE IS COVERED BY THE DECISION FROM THE HONBLE JURISDICTIONAL HIG H COURT IN THE CASE OF CIT VS HINDUSTAN ORGANICS CHEMICALS LTD . (2014) 48 TAXMAN.COM 421 (BOM.). THIS FACTUAL MATRI X WAS CONSENTED TO BE CORRECT BY THE LD. DR. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ON PERUSA L OF TAX AUDIT REPORT, IT WAS NOTED BY THE ASSESSING OFFICER THAT THE PAYMENTS OF EMPLOYEES CONTRIBUTION, ESIC WERE MADE LET I.E. AFTER THE DUE DATE, THEREFORE, THE ASSESSING OFFICE R DECLINED THE CLAIMED BENEFIT. THE LD. ASSESSING OFFICER DID NOT ALLOW THE CLAIMED DEDUCTION, THEREFORE, MADE DISALLOWANCE U/S 43B R.W.S 36(1)(VA) OF THE ACT. ON APPEAL, THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AFFIRMED THE S TAND OF THE ASSESSING OFFICER. THE ONLY ISSUE TO BE ADJUDIC ATED BY US WHETHER THE PAYMENTS WERE PAID BEFORE FILING THE RE TURN. THIS FACT WAS NOT DISPUTED BY THE DEPARTMENT THAT T HE PAYMENTS WERE MADE/PAID BEFORE FILING THE RETURN. WE ARE OF THE VIEW THAT PAYMENT OF CONTRIBUTION TOWARDS PF IS A BENEFICIAL PROVISION AND SINCE THE PAYMENTS WERE UNCONTROVERTEDLY PAID/MADE BEFORE FILING OF RETURN, THEREFORE, RESPECTFULLY FOLLOWING THE DECISION FROM HONBLE M/S CARVER TECHNOLOGY & EQUIPMENT PVT. LTD. ITA NO.1229/MUM/2014 3 JURISDICTIONAL HIGH COURT IN THE CASE OF HINDUSTAN ORGANICS CHEMICALS LTD. (SUPRA), WE FIND FORCE IN THE CONTEN TION OF THE ASSESSEE. IT IS ALSO NOTED THAT WHILE COMING TO THE CONCLUSION, THE HONBLE HIGH COURT FOLLOWED THE DEC ISION IN CIT VS ALOM EXCLUSION LTD. (2009) 319 ITR 306 (SC). RESPECTFULLY, FOLLOWING THE AFORESAID DECISIONS, WE ALLOW THE APPEAL OF THE ASSESSEE. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 18/11/2015. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER ' # MUMBAI; ' DATED : 23/11/2015 F| P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. )*+, / THE APPELLANT 2. -.+, / THE RESPONDENT. 3. / / ' 0 ( )* ) / THE CIT, MUMBAI. 4. / / ' 0 / CIT(A)- , MUMBAI 5. 2!3 - , / )*% ) 4 , ' # / DR, ITAT, MUMBAI 6. 5 6# / GUARD FILE. / BY ORDER, .2* - //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ' # / ITAT, MUMBAI.
