DCIT 1(3), MUMBAI V. TILDA RICELAND P.LTD, MUMBAI

ITA 1888/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100965 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 20-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANJIV M SHAH
• Section: 43B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI N.K . BILLAIYA, ACCOUNTANT MEMBER AND RAM L AL NEGI, JUDICIAL MEMBER / I .T.A. NO. 1888/MUM/2014 ( / ASSESSMENT YEAR : 2007 - 08 THE DCIT - 1(3), AAYAKAR BHAVAN, MUMBAIA - 400 020 / VS. M/S. TILDA RICELAND PVT. LTD., 411, JOLLY BHAWAN NO. 2,7, NEW MARINE LINES, MUMBAI - 400 020 ./ ./ PAN/GIR NO. : AAACU 0649N ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI AJAY MODI / RESPONDENT BY: SHRI SANJIV M. SHAH / DATE OF HEARING : 0 9 .0 9 .2015 / DATE OF PRONOUNCEMENT : 0 9 .0 9 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 7 , MUMBAI D ATED 23.12.2013 PERTAINING TO ASSESSMENT YEAR 200 7 - 0 8 . 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN HOLDING THAT THE PAYMENTS OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND AFTER DUE DATE BUT WITHIN THE GRACE PERIOD ARE ALLOWABLE U/S. 43B R.W.S. 36(1) OF THE I.T. ACT. 3. AT THE VERY OUTSET , THE LD. COUNSEL FOR THE ASSESSEE DREW OUR ATTENTION TO THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN ITA. NO. 1888/M/2014 2 THE CASE OF CIT VS GHATGE PATIL TRANSPORTS LTD. 368 ITR 749. IT IS THE SAY OF THE LD. COUNSEL THAT THE ISSUE IS SQUARELY COVERED IN FAVOUR O F THE ASSESSEE AND AGAINST THE REVENUE . 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED TO THIS. 5. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE AUTHORITIES BELOW. THE DETAILS OF THE PAYMENT OF EMPLOYEES CONTRIBUTION ARE ELABORATELY EXHIBITED A T PARA - 3 OF HIS ORDER. UNDISPUTEDLY, THE PAYMENTS ARE MADE AFTER THE DUE DATE BUT BEFORE THE END OF THE GRACE PERIOD AND MORE PERTINENT TO NOTE THAT ALL THE PAYMENTS HAVE BEEN MADE BEFORE FILING THE RETURN OF INCOME. WE ARE CONVINCED THAT THE FACTS OF TH E CASE ARE SQUARELY COVERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS GHATGE PATIL TRANSPORTS LTD (SUPRA) WHEREIN THE HONBLE HIGH COURT HAS FOLLOWED THE JUDGEMENT OF T HE HONBLE SUPREME COURT IN THE CASE OF CIT VS ALOM EXTRUSIONS LTD. 319 ITR 306 AND HIGH COURT OF BOMBAY IN THE CASE OF CIT VS HINDUSTAN ORGANICS CHEMICALS LTD. 366 ITR 01. RESPECTFULLY FOLLOWING THE DECISIONS OF THE HONBE HIGH COURT AND THE HONBLE SUP REME COURT (SUPRA), WE DECLINE TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A). 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 9 TH SEPTEMBER , 2015 SD/ - SD/ - ( RAM L AL NEGI ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 9 TH SEPTEMBER , 2015 . . ./ RJ , SR. PS ITA. NO. 1888/M/2014 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI