DEPUTY COMMISSIONER OF INCOME TAX, Jaipur V. M/S JAIPUR VIDYUT VITRAN NIGAM LTD., Jaipur

ITA 181/JPR/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6204 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 07-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SEEMA MEENA
• Assessee Lawyers: P C PARWAL CA DHK
• Section: 43B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,OA JH FOE FLAG ;K NO ] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SING H YADAV, AM VK;DJ VIHY LA-@ ITA NO. 181/JP/2018 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-6, JAIPUR. CUKE VS. M/S. JAIPUR VIDYUT VITRAN NIGAM LTD., VIDYUT BHAWAN, JANPATH, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AABCJ 6373 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SMT. SEEMA MEENA (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 04/04/2018 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 05/04/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 21 ST NOVEMBER, 2017 OF LD. CIT (A)-2, JAIPUR FOR THE A SSESSMENT YEAR 2014-15. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS :- (I) WHETHER ON THE FACTS IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT (A) WAS JUSTIFIED IN DELETING THE D ISALLOWANCE OF RS. 5,41,21,318/- MADE BY THE AO FOR DEPOSITING THE EMPLOYEES CONTRIBUTION TO PF & ESI BEYOND THE PRESCRIBED TIME LIMIT PROVIDED IN RESPECTIVE ACTS. (II) WHETHER ON THE FACTS IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW THE LD. CIT (A) WAS JUSTIFIED IN HOLDING THAT E MPLOYEES CONTRIBUTION TO PF & ESI ARE GOVERNED BY THE PROVIS ION OF SECTION 43B AND NOT BY SECTION 36(1)(VA) R.W.S. 2(2 4)(X) OF THE I.T. ACT. 2 ITA NO. 181/JP/2018 JAIPUR VIDYUT VITARAN NIGAM LTD., JAIPUR. (III) THE APPELLANT CRAVES ITS RIGHTS TO ADD, AMEND OR ALTER ANY OF THE GROUNDS ON OR BEFORE THE HEARING. 2. THE ONLY ISSUE IN THIS APPEAL IS REGARDING DISAL LOWANCE MADE BY THE AO ON ACCOUNT OF DEPOSITING EMPLOYEES CONTRIBUTION OF PF AND ESI BEYOND THE PRESCRIBED LIMITATION PROVIDED IN THE RESPECTIVE ACTS, HOWEVER , PAID BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME. 4. WE HAVE HEARD THE LD. D/R AS WELL AS THE LD. A/R AND CAREFULLY PERUSED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, WE NOT E THAT THIS ISSUE IS COVERED BY THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT IN TH E CASE OF CIT VS. STATE BANK OF BIKANER & JAIPUR, 363 ITR 70 (RAJ.) AS WELL AS THE DECISION IN THE ASSESSEES OWN CASE CIT VS. JAIPUR VIDHYUT VITHRAN NIGAM LTD., 36 3 ITR 307 (RAJ.). IN VIEW OF THE ABOVE BINDING PRECEDENT OF HONBLE JURISDICTIONAL H IGH COURT, WE DO NOT FIND ANY ERROR OR ILLEGALITY IN THE IMPUGNED ORDER OF LD. CI T (A). 5. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 05/04/ 2018. SD/- SD/- ( FOE FLAG ;KNO ) ( FOT; IKY JKWO (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 05/04/2018. DAS/ 3 ITA NO. 181/JP/2018 JAIPUR VIDYUT VITARAN NIGAM LTD., JAIPUR. VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE DCIT, CIRCLE-6, JAIPUR. 2. THE RESPONDENT M/S. JAIPUR VIDYUT VITARAN NIGAM LTD., JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 181/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 4 ITA NO. 181/JP/2018 JAIPUR VIDYUT VITARAN NIGAM LTD., JAIPUR.