DCIT CORPORATE CIRCLE 2 (1), CHENNAI V. MS/ FABER SINDOORI MANAGEMENT SERVICES PVT LTD, CHENNAI

ITA 1440/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5140 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N VENKATASUBRAMANIAN
• Keywords: Deemed to accrue or arise in india

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! ' , $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1440/CHNY/2018 ( )( / ASSESSMENT YEAR : 2011-12 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1), CHENNAI - 600 034. V. M/S FABER SINDOORI MANAGEMENT SERVICES PVT. LTD., NO.25/26, PRINCE TOWERS, 7 TH FLOOR, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI - 600 006. PAN : AABCF 1460 B (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT -.+, / 0 / RESPONDENT BY : SHRI N. VENKATASUBRAMANIAN, CA 1 / 2$ / DATE OF HEARING : 16.01.2019 34) / 2$ / DATE OF PRONOUNCEMENT : 04.02.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -13, CHENNAI, DATED 04.01.2018 AND PERTAINS TO ASSESSMENT YEAR 2011-12. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DISAL LOWANCE OF EMPLOYEES CONTRIBUTION TO ESI AND PF. 2 I.T.A. NO.1440/CHNY/18 3. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE AND SHRI N. VENKATASUBRAMANIAN, THE LD. REPRESENTATIVE FOR THE ASSESSEE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE CIT(APPEALS) BY PLACING RELIANCE ON THE JUDGMEN T OF MADRAS HIGH COURT IN CIT V. INDUSTRIAL SECURITY AND INTELLIGENC E INDIA (P.) LTD. IN TC(A). NO.585 & 586 OF 2015, FOUND THAT THE EMPLOYEES CON TRIBUTION DEPOSITED BEFORE THE DUE DATE FOR FILING THE RETURN OF INCOME CANNOT BE TREATED AS DEEMED INCOME OF THE ASSESSEE. CONSEQUENTLY, HE DE LETED THE ADDITION. SINCE THE CIT(APPEALS) HAS FOLLOWED THE BINDING JUD GMENT OF THE JURISDICTIONAL HIGH COURT, THIS TRIBUNAL DO NOT FIN D ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDING LY THE SAME IS CONFIRMED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 4 TH FEBRUARY, 2019 AT CHENNAI. SD/- SD/- ( ! ' ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 4 TH FEBRUARY, 2019. KRI. 3 I.T.A. NO.1440/CHNY/18 / -278 98)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 :2 () /CIT(A)-13, CHENNAI 4. PRINCIPAL CIT-2, CHENNAI-34 5. 8; -2 /DR 6. <( = /GF.