M/s. PMC Projects (India) Pvt. Ltd., Ahmedabad V. The Jt.CIT.,Range-5, Ahmedabad

ITA 1429/AHD/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76751 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2011
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: V K CHOKSI
• Section: 43B

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD 0 00 0 0 00 0 , , , , !'# !$ !'# !$ !'# !$ !'# !$0 00 0! !! !0 00 0 %$ %$ %$ %$, , , , &' ( &' ( &' ( &' ( & & & & BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI N.S. SAINI, ACCOUNTANT MEMBER ITA NO. 1429/AHD/2011 ASSESSMENT YEAR 2006-07 PMC PROJECTS (INDIA) PVT. LT. AHMEDABAD. PAN: AADCP5841L VS JCIT, RANGE -5, AHMEDABAD. )*/ APPELLANT ,-)* / RESPONDENT REVENUE BY : SHRI ROOPCHAND, SR. DR ASSESSEE(S) BY : SHRI V.K. CHOKSI, AR $'. / 0'/ // / DATE OF HEARING : 30/05/2014 123 / 0' / DATE OF PRONOUNCEMENT : 06/06/2014 &4 &4 &4 &4/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-XI, AHMEDABAD DATED 17.03.2011. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN UPHOLDING THE DISA LLOWANCE OF RS 3,39,955/- IN RESPECT OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND MADE U/S. 36(1)(VA) READ WITH SECTION 2(24)(X). ITA NO. 1429/AHD/2011 PMC PROJECTS (INDIA) PVT. LTD. FOR A.Y. 2006-07 - 2 - 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD . THE UNDISPUTED FACTS IN THIS CASE ARE THAT THE ASSESSING OFFICER OBSERVED F ROM ANNEXURE-III TO THE TAX AUDIT REPORT IN CLAUSE NO. 16(B) THAT THE ASSES SEE DEPOSITED EMPLOYEES CONTRIBUTION TO PROVIDENT FUND AFTER THE DUE DATE, THE DETAILS OF WHICH ARE AS FOLLOWS: AMOUNT DUE DATE DATE OF DEPOSIT 1,64,874 20.07.2005 23.08.2005 1,75,081 20.08.2005 17.09.2005 3,39,955 4. THE ASSESSING OFFICER THEREFORE HELD THAT THE A SSESSEE HAS CONTRAVENED THE PROVISIONS OF SECTION 36(1)(VA) OF THE ACT BY NOT DEPOSITING EMPLOYEES CONTRIBUTION TO PROVIDENT FUND IN TIME A ND THEREFORE, DISALLOWED THE DEDUCTION OF RS 3,39,955/- CLAIMED BY THE ASSES SEE ON ACCOUNT OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND. 5. ON APPEAL, THE COMMISSIONER OF INCOME TAX (APPE ALS) CONFIRMED THE ACTION OF THE ASSESSING OFFICER BY OB SERVING AS UNDER: I HAVE CONSIDERED THE SUBMISSIONS MADE BY THE A.R. OF THE APPELLANT AND THE OBSERVATIONS OF THE ASSESSING OFF ICER IN THE ASSESSMENT ORDER. AS REGARDS EMPLOYEES CONTRIBUTI ON, IT IS GOVERNED ONLY BY SEC. 36(1)(VA) AND SEC. 43B(B) AND DELETION OF SECOND PROVISO TO SEC. 43B HAVE NO APPLICATION. NO NE OF THE CASE LAWS RELIED UPON BY HE A.R. IS OF ANY ASSISTAN CE IN THIS REGARD. AS SEEN FROM THE ASSESSMENT ORDER AND AS A DMITTED BY THE APPELLANT, THERE IS DELAY IN MAKING PAYMENT. H ENCE, DISALLOWANCE OF THE SAID SUM IS UPHELD. 6. AT THE TIME OF HEARING, THE AUTHORIZED REPRESEN TATIVE OF THE ASSESSEE SUBMITTED THAT THE ISSUE IS NOW COVERED AG AINST THE ASSESSEE BY ITA NO. 1429/AHD/2011 PMC PROJECTS (INDIA) PVT. LTD. FOR A.Y. 2006-07 - 3 - THE DECISION OF THE HONBLE GUJARAT HIGH COURT IN T HE CASE OF CIT VS. GUJARAT STATE ROAD TRANSPORT CORPORATION (2014) 41 TAXMANN. COM 100 (GUJ.) WHERE IT WAS HELD THAT IF THE ASSESSEE DID NOT DEPOSIT TH E EMPLOYEES CONTRIBUTION TO EMPLOYEES ACCOUNT IN RELEVANT FUND BEFORE THE D UE DATE PRESCRIBED IN EXPLANATION TO SECTION 36(1)(VA), NO DEDUCTION WOU LD BE ADMISSIBLE EVEN THOUGH THE DEPOSITS ARE MADE BEFORE THE DUE DATE U/ S. 43B OF THE ACT. 7. IN VIEW OF THE ABOVE SUBMISSION OF THE AUTHORIZ ED REPRESENTATIVE OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 6 TH OF JUNE, 2014 AT AHMEDABAD. SD/- SD/- (G.C. GUPTA) VICE PRESIDENT ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 30/ 06/06/2014 GHANSHYAM MAURYA, SR. P.S. TRUE COPY &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53/ COPY OF THE ORDER FORWARDED TO : 1. )* / THE APPELLANT 2. ,-)* / THE RESPONDENT. 3. ## 7 / CONCERNED CIT 4. 7() / THE CIT(A)-III, AHMEDABAD 5. 5': ,$ , , / DR, ITAT, AHMEDABAD 6. ;< =. / GUARD FILE. &4$ &4$ &4$ &4$ / BY ORDER, / // / # # # # ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD