DCIT Corporate Circle 1(1) , CHENNAI V. Auromatrix Hotels P. Ltd. , CHENNAI

ITA 1839/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5160 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 27-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G SEETHARAMAN
• Section: 43B; 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! .#$#%, ' !( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ./ ITA NO.1839/CHNY/2017 % *% / ASSESSMENT YEAR : 2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI - 600 034. V. M/S AUROMATRIX HOTELS P LTD., 43-B, M.G. ROAD, SHASTRI NAGAR, ADAYAR, CHENNAI - 600 020. PAN : AADCA 7153 J (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT ./,- 0 1 / RESPONDENT BY : SHRI G. SEETHARAMAN, CA 2 0 3' / DATE OF HEARING : 05.06.2018 45* 0 3' / DATE OF PRONOUNCEMENT : 05.06.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX (APPEALS) -1, CHENNAI, DATED 22.05.2017 AND PERTAINS TO ASSESSMENT YEAR 20 12-13. 2 I.T.A. NO.1839/CHNY/17 2. THE FIRST GROUND OF APPEAL IS WITH REGARD TO DIS ALLOWANCE MADE BY THE ASSESSING OFFICER UNDER SECTION 14A OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 3. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE AND SHRI G. SEETHARAMAN, THE LD. REP RESENTATIVE FOR THE ASSESSEE. ADMITTEDLY, THE ASSESSEE HAS NOT EAR NED ANY EXEMPTED INCOME. THEREFORE, THE CIT(APPEALS) BY PL ACING RELIANCE ON THE JUDGMENT OF MADRAS HIGH COURT IN REDINGTON ( INDIA) LTD. V. ADDL. CIT (2017) (1) TMI 318 DATED 23.12.2016, DELE TED THE DISALLOWANCE MADE BY THE ASSESSING OFFICER. SINCE THE CIT(APPEALS) HAS FOLLOWED THE JUDGMENT OF JURISDICT IONAL HIGH COURT, WHICH IS BINDING ON ALL THE AUTHORITIES, THIS TRIBU NAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUT HORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 4. THE NEXT GROUND OF APPEAL IS WITH REGARD TO DISA LLOWANCE MADE BY THE ASSESSING OFFICER UNDER SECTION 43B OF THE ACT IN RESPECT OF EMPLOYEES CONTRIBUTION. 5. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE AND SHRI G. SEETHARAMAN, THE LD. REP RESENTATIVE FOR 3 I.T.A. NO.1839/CHNY/17 THE ASSESSEE. THE CIT(APPEALS) BY PLACING RELIANCE ON THE JUDGMENT OF MADRAS HIGH COURT IN CIT V. INDUSTRIAL SECURITY AND INTELLIGENCE INDIA (P.) LTD. IN TC(A). NO.585 & 586 OF 2015, ALLOWED THE CLAIM OF THE ASSESSEE. IT IS NOT IN DISPUTE TH AT THE EMPLOYEES CONTRIBUTION WAS DEPOSITED BEFORE THE DUE DATE FOR FILING THE RETURN OF INCOME. THEREFORE, THIS TRIBUNAL DO NOT FIND AN Y REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH JUNE, 2018 AT CHENNAI. SD/- SD/- ( ! .#$#% ) ( . . . ) (ABRAHAM P. GEORGE) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 5 TH JUNE, 2018. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. PR.CIT(A) -1, CHENNAI. 4. PR. CIT, CHENNAI-1, CHENNAI 5. 9; .3 /DR 6. <% = /GF.