Ocean Agro (India) Ltd., Ahmedabad V. DCIT ,Circle-3(1)(2), Ahmedabad

ITA 179/AHD/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7784 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 18-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Section: 43B

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ./ ITA NO.179/AHD/2018 / ASSTT. YEAR: 2014-15 OCEAN AGRO (INDIA) LTD. A/207, OXFORD AVENUE ASHRAM ROAD AHMEDABAD 380 009. PAN : AAACO 1849 A VS. DCIT, CIR.3(1)(2) AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : IRA KAPOOR, AR REVENUE BY : SHRI DINESH SINGH, SR.DR ! / DATE OF HEARING : 09/04/2019 '#$ ! / DATE OF PRONOUNCEMENT: 24/04/2019 %& / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST O RDER OF THE LD.CIT(A)-9, AHMEDABAD DATED 21.11.2017 PASSED FOR THE ASSTT.YEAR 2014-15. 2. THOUGH THE ASSESSEE HAS RAISED AS MANY AS FIVE G ROUNDS OF APPEAL, BUT ONLY ISSUE INVOLVED IN THESE GROUNDS RE LATES TO DISALLOWANCE OF PAYMENT OF RS.2,54,523/- MADE TOWAR DS EMPLOYEES CONTRIBUTION TO THE PROVIDENT FUND AND E MPLOYEES STATE INSURANCE, WHICH HAVE BEEN MADE BEFORE THE DU E DATE OF FILING OF RETURN OF INCOME. ITA NO.179/AHD/2018 2 3. BRIEF FACTS IN THIS REGARD ARE THE ASSESSEE HAS DED UCTED PF CONTRIBUTION FROM ITS EMPLOYEES, BUT THE SAME WAS N OT DEPOSITED IN THE GOVERNMENT ACCOUNT WITHIN THE DUE DATE PRESCRIB ED UNDER RESPECTIVE LAWS. THE LD.AO WITH THE AID OF SECTION 2(24)(X) R.W.S. 36(1)(VA) OF THE INCOME TAX ACT AND FOLLOWING JUDGM ENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. GUJA RAT STATE ROAD TRANSPORT CORPORATION 366 ITR 170 (GUJ) DISALLOWED THE CLAIM OF THE ASSESSEE. THE ACTION OF THE AO WAS CONFIRMED BY T HE LD.CIT(A). ASSESSEE IS IN FURTHER APPEAL BEFORE US. 4. AFTER HEARING BOTH THE SIDES ON THE ISSUE, WE FI ND THAT THIS ISSUE HAS BEEN SETTLED BY THE HONBLE JURISDICTIONAL HIGH COURT IN TWO DECISIONS, VIZ. IN THE CASE OF GUJARAT STATE ROAD T RANSPORT CORPORATION LTD. (SUPRA) AND M/S.CHECKMATE FACILITY & ELECTRONI CS SOLUTIONS P.LTD. VS.DCIT, IN R/TAX APPEAL NO.1256 OF 2018 DAT ED 15.10.2018 WHEREIN IT IS HELD THAT THE EMPLOYEES CONTRIBUTION TO THE EMPLOYEES PROVIDENT FUND (EPF)/ EMPLOYEES STATE INSURANCE CO RPORATION (ESIC) DEPOSITED BEYOND THE DUE DATE PRESCRIBED UND ER SECTION 36(1)(VA) OF THE INCOME-TAX ACT, 1961 WOULD NOT BE ELIGIBLE FOR DEDUCTION UNDER SECTION 43B OF THE ACT, EVEN IF DEP OSITED BEFORE THE DUE DATE OF FILING THE RETURN. THEREFORE, THERE IS NO MERIT ON THIS ISSUE. ACCORDINGLY GROUNDS OF THE APPEAL ON THIS ISSUE ARE REJECTED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE COURT ON 24 TH APRIL, 2019. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 24/04/2019