Max Vigil Securities Pvt. Ltd., Ahmedabad V. The Deputy Commissioner of Income Tax, Circle-2(1)(2), Ahmedabad

ITA 1300/AHD/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6413 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 29-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHIV SEVA K
• Assessee Lawyers: ALTAQ SAIYAD
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHR I MAHAVIR PRASAD , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER MAX VIGIL SECURITIES PVT. LTD. 42, ASTHA COMPLEX, OPP. R.T.O., SUBHASH BRIDGE, AHMEDABD - 380027 PAN: AAFCM0319Q (APPELLANT) VS THE D CIT, CIRCLE - 2(1)(2) , AHMEDABAD - 380009 (RESPONDENT) REVENUE BY : S H RI SHIV SEVAK , SR. D . R. ASSESSEE BY: SHRI ALTAQ SAIYAD, A.R. DATE OF HEARING : 11 - 02 - 2 019 DATE OF PRONOUNCEMENT : 18 - 02 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2014 - 15 , ARI SES FROM ORDER OF THE CIT(A) - 2, AHMEDABAD DATED 20 - 04 - 2 017 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 1300 / A HD/20 17 A SS ESSMENT YEAR 2014 - 15 I.T.A NO. 1300 /AHD/20 17 A.Y. 2014 - 15 PAGE NO MAX VIGIL SECURITIES PVT. LTD. VS. D CIT 2 2. THE SOLITARY GROUND OF APPEAL OF THE ASSESSEE IS A GAINST THE DECISION OF LD. CIT(A) IN CONFIRMING THE ADDITION OF RS. 1 , 71 , 61 , 294/ - ON ACCOUNT OF LATE REMITTANCES OF EMP LOYEE S CONTRIBUTION TO THE PF AND RS. 6 , 05 , 295/ - ON ACCOUNT LATE REMITTANCE OF EMPLOYEES CONTRIBUTION TO ESIC TOTALING TO RS. 1 , 77 , 66 ,589/ - U/S. 36(1)(VA) R.W.S. 2(24)(X ) OF THE ACT. 3. DURING THE COURSE OF ASSESSMENT, THE ASSESSING OFFICER HAS NOTICED THAT ASSESSEE HAS NOT DEPOSITED THE EMPLOYEES CONTRIBUTION TO THE PF/ESIC WITHIN THE DUE DATE PRESCRIBED IN THE ACT THEREFORE HE HAS DI SALLOWED AN AMOUNT OF RS. 1,77,66,589/ - AS PER PROVISIONS OF SECTION 2(24)(10) R.W.S. 36(1)(VA) AFTER PLACING RELIANCE ON THE DECISION OF HON BLE GUJARAT HIGH COURT IN THE CASE OF GUJARAT STATE ROAD TRANSPORTATION CORPORATION REPORTED IN (2014) 41 TAXMAN. COM 100 4 . AGGRIEVED ASSESSEE HAS FILED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE AFTER REFERRING THE DECISIONT IN THE CASE OF CIT(A) VS. GSRTC OF T HE HON BLE GUJARAT HIGH COURT . 5 . WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD CAREFULLY. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, THE LD. COUNSEL HAS BROUGHT TO OUR NOTICE THAT AFORESAID ISSUE HAS BEEN DECIDED AGAINST THE ASSESSE E BY FOLLOWING THE DECISION OF JURISDICTION AL HIGH COURT IN THE CASE OF GUJARAT STATE ROAD TRANSPORT CORPORATION (2014) 41 TAXMAN.COM 100 (GUJARAT). THE LD. COUNSEL COULD NOT BR ING ANY NEW FACT TO DISPUTE THE FINDING OF THE JURISDICTIONAL HIGH C OURT ON THE IDENTICAL ISSUE INVOLVED IN THE CASE OF THE ASSESSEE . THEREFORE, AFTER TAKING INTO I.T.A NO. 1300 /AHD/20 17 A.Y. 2014 - 15 PAGE NO MAX VIGIL SECURITIES PVT. LTD. VS. D CIT 3 CONSIDERATION, THE DECISION OF THE HON BLE GUJARAT HIGH COURT IN THE CASE OF CIT VS. GSRTC WHEREIN IT IS HELD THAT DEDUCTION TOWARDS EMPLOYEE S CONTRIBUTION IS TO BE MADE AS PER THE DUE DATE PRESCRIBED IN THE RELEVANT ACT WE DO NOT FIND ANY MERIT IN THE APPEAL OF THE ASSESSEE. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS DISMISSED. THEREFORE, THE APPEAL OF THE ASSESSEE IS DISMISSED. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. O RDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 02 - 201 9 SD/ - SD/ - ( MAHAVIR PRASAD ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 18 /02 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASS ESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,