Kesari Printers Ltd., Ahmedabad V. ITO, Ward-2(1)(2), Ahmedabad

ITA 1299/AHD/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8062 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 18-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: GARISHMA SONI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER KESARI PRINTERS LTD. 5 TH FLOOR RITURAJ HOUSE, NR. ST. ZAVIER S LOYOLA SCHOOL, NAVRANGPURA, AHMEDABAD - 380009 PAN: AAACK8926C (APPELLANT) VS THE IT O , WARD - 2(1)(2 ), AHMEDABAD (RESPONDENT) REVENUE BY : S HRI V.K. SINGH, SR. D . R. ASSESSEE BY: S H RI GARISHMA SONI , A.R. DATE OF HEARING : 27 - 06 - 2 018 DATE OF PRO NOUNCEMENT : 28 - 06 - 2 018 / ORDER P ER : AMARJIT S INGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 201 4 - 1 5 , ARIS ES FROM ORDER OF THE CIT(A) - 6 , AHM EDABAD DATED 0 9 - 11 - 201 7 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE HAS RAISED FOLLOWIN G GROUNDS OF APPEAL: - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED CIT (APPEALS) HAS ERRED IN CONFIRMING ADDITION OF EMPLOYEES CONTRIBUTION TOWARDS PF AND SUPER ANNUATION FUND U/S. 36(1)(VA) R.W.S. 2(24)(X) OF T HE ACT AMOUNTING TO RS. 10,58,366/ - . 2. IT IS THEREFORE PRAYED THAT THE ABOVE ADDITION/DISALLOWANCE MADE BY THE ASSESSING OFFICER AND CONFIRMED BY CIT (APPEALS) MAY PLEASE BE DELETED. I T A NO . 1299 / A HD/20 18 A SSESSMENT YEAR 2014 - 15 I.T.A NO. 1299 /AHD/20 18 A.Y. 2014 - 15 PAGE NO KESARI PRINTERS LTD. VS. IT O 2 3. BRIEF FACT OF THE CASE IS THAT DURING THE COURSE OF SCRUTINY, THE A SSESSING OFFICER NOTICED THAT ASSESSEE HAS NOT DEPOSITED THE CONTRIBUTION RECEIVED TOWARDS EMPLOY EE S PROVIDENT FUND AND SUPER ANNUATION FUND IN THE GOVT. ACCOUNT BY THE DUE DATE AS SPECIFIED IN THE RESPECTIVE ACCOUNTS. THE DETAIL S OF SUCH CONTRIBUTION ARE RE PRODUCED AS UNDER: - PROVIDENT FUND SN DUE DATE OF PAYMENT. ACTUAL DATE OF PAYMENT AMOUNT MS.) 1 20.05.2013 28.06.2013 293659 2 20 11.2013 21.11.2013 335319 3 20.01.2014 21.01.2014 311108 4 20,03.2014 27.03.2014 294417 TOT AL 1234503 SUPER ANIMATION FUND SN DUE DATE OF PAYMENT ACTUAL DATE OF PAYMENT AMOUNT (RS.) 1 21.05.2013 28.06.2013 67073 7 21.12.2013 31.12.2013 67898 TOTAL 134971 CONSEQUENTLY, THE ASSESSING OFFICER HAS DISALLOWED THE SAID AMOU NT AS PER PROVISION OF SECTION 2(24)( X ) R.W. SECTION 36(I)( V A) OF THE ACT. 4. AGGRIEVED ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS CONFIRMED THE DISALLOWANCE TO THE AMOUNT OF RS.10,58,366 AFTER PLACING RELIANCE ON THE DECISION OF JURISDICTIONAL HIGH COURT OF GUJARAT IN THE CASE OF CIT VS. GUJARAT STATE ROAD TRANSPORT CORPORATION 265 CTR 65 . 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD CAREFULLY. WE HAVE NOTICED THAT TH E ASSESSEE HAS NOT DEPOSITED THE CONTRIBUTION I.T.A NO. 1299 /AHD/20 18 A.Y. 2014 - 15 PAGE NO KESARI PRINTERS LTD. VS. IT O 3 RECEIVED FROM THE EMPLOYEES WITHIN THE DUE DATES AS PRESCRIBED UNDER THE PROVIDENT FUND ACT. WE CONSIDER THAT THAT HON BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. GUJARAT STATE ROAD TRANSPORT CORPORATION 265 CTR 64 HAS HELD THAT WHEN THE EMPLOYER HAS NOT CREDITED THE SUM RECEIVED BY IT AS EMPLOYEES CONTRIBUTION TO EMPLOYEES ACCOUNT IN RELEVANT FUND ON OR BEFORE DUE DATE AS PRESCRIBED IN EXPLANATION TO SECTION 36(I)(VA) THE ASSESSEE SHALL NOT BE ENTITLED TO DEDUCTION. IN VIEW OF THE A BOVE FACTS AND THE JUDICIAL FINDINGS, WE UPHOLD THE DECISION OF LD. CIT(A). ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 28 - 0 6 - 20 1 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 28/06 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,