M/s Carryco, Kolkata V. ACIT, CIR-56, Kolkata, Kolkata

ITA 1486/KOL/2012

• Counselvise Citation: [2013] 119 COUNSELVISE.COM (IT) 2968 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2013
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 15-10-2012
• Court: TRIBUNAL
• Department Lawyers: SUSHANTA KR SINHA
• Section: 43B

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH B , KOLKATA [ () . .. . . .. . , ,, , , ! ''# $ ''# $ ''# $ ''# $ ] ]] ] [BEFORE HONBLE SRI P.K.BANSAL, AM & HONBLE SRI GEORGE MATHAN, JM] !& !& !& !& /ITA NO.1486/KOL/2012 '( )*/ ASSESSMENT YEAR : 2007-08 ($, / APPELLANT ) - - ( ./$, /RESPONDENT) M/S. CARRYCO. A.C.I.T., CIRCLE-56, KOLKATA -VERSUS- KOLKATA (PAN:AADFC 4454 B) $, 0 1 / FOR THE APPELLANT: NONE ./$, 0 1 / FOR THE RESPONDENT: SHRI SUSHANTA KR.SINHA, JCIT SR.DR 2 3 0 4 /DATE OF HEARING : 12.03.2013 5) 0 4 /DATE OF PRONOUNCEMENT : 12.03.2013. 6 / ORDER PER BENCH THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-XXXIV, KOLKATA DATED 24.07.2012 FOR A.YEAR 2007-08. 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL IS RELAT ING TO THE SUSTENANCE OF DISALLOWANCE OF CLAIM OF EMPLOYEES PROVIDENT FUND A ND ESI AMOUNTING TO RS.118,134/- AND RS.4,503/- RESPECTIVELY U/S 36(1)( VA)/2(24)(X) OF THE I.T.ACT ON ACCOUNT OF LATE PAYMENT EVEN THOUGH THE ASSESSEE HA D MADE THE PAYMENT WITHIN THE DUE DATE. 3. NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THE CASE IS DISPOSED OF AFTER HEARING THE LD. DR AND MATERIALS AVAILABLE ON RECOR D.. IT IS NOTED THAT SIMILAR ISSUE HAS BEEN DECIDED IN FAVOUR OF ASSESSEE BY THE DECISION OF ITAT KOLKATA IN THE CASE OF APEEJAY TEA LIMITED VS DCIT,CC-III, KOLKATA VIDE IT A NO.924/KOL/2011 ORDER DATED 15.02.2013 FOR A.YEAR 2007-08. THE RELEVANT F INDING OF THIS TRIBUNAL IS REPRODUCED AS UNDER :- 3. AFTER HEARING THE RIVAL SUBMISSIONS WE NOTED T HAT THE ASSESSEE HAS MADE THE PAYMENT OF EMPLOYEES CONTRIBUTION TOWARDS PF/ESI A MOUNTING TO RS.1,74,310/- WITHIN THE ACCOUNTING PERIOD AND THERE WAS NO LIABILITY IN THE A.YR.2006-07. WE NOTED THAT THIS ITA NO. 1486/KOL/2012 2 ISSUE IS NO MORE RES INTEGRA IN VIEW OF THE DECISIO N OF THE HONBLE SUPREME COURT IN THE CASE OF CIT VS VINAY CEMENT 313 ITR STATUTE 1. AFTE R THE DECISION OF THE HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS P.M.ELECTRONICS LT D. 313 ITR 161 (DEL) HAS PASSED AN ELABORATE ORDER AND LAID DOWN THAT IF THE PAYMENT T OWARDS PROVIDENT FUND EVEN IF IT RELATES TO EMPLOYEES CONTRIBUTION ARE MADE AFTER TH E DUE DATE PRESCRIBED UNDER THE EMPLOYEES PF ACT BUT BEFORE THE DUE DATE OF FURNISH ING OF RETURN U/S 139(1) OF THE IT ACT NO DISALLOWANCE CAN BE MADE U/S 43B OF THE ACT. WE ACCORDINGLY DELETE THE DISALLOWANCE AND ALLOW THE APPEAL OF THE ASSESSEE. 3..1. RESPECTFULLY FOLLOWING THE DECISION OF THIS T RIBUNAL IN THE CASE OF APEEJAY TEA LIMITED VIDE ITA NO.924/KOL/2011 DATED 15.02.2013 W E SET ASIDE THE ORDER OF THE LD. CIT(A) AND DELETE THE DISALLOWANCE MADE IN RESPECT OF EMPLOYEES PF AND ESI MADE BY THE REVENUE AUTHORITIES. THUS THE GROUND TAKEN B Y THE ASSESSEE IS ALLOWED. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.03.2013. SD/- SD/- [ .''# $ , ] [ .., ,, , ] [GEORGE MATHAN ] [P.K.BANSAL] JUDICIAL MEMBER ACCOUNTANT MEMBER ( (( (4 4 4 4) )) ) DATE: 12.03.2013. R.G.(.P.S.) 6 0 .''7 87)9- COPY OF THE ORDER FORWARDED TO: 1. M/S. CARRYCO, 26, ZAKARIA STREET, KOLKATA-700073. 2 A.C.I.T., CIRCLE-56, KOLKATA. 3 . CIT KOLKATA 4 . CIT(A)-XXXIV, KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. /7 .'/ TRUE COPY, 62/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO. 1486/KOL/2012 3