DCIT, Circle - 1, Kolkata, Kolkata V. M/s. Caledonian Jute & Industries Ltd., Kolkata

ITA 1986/KOL/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54669 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 28-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K PARAMANIK
• Section: 43B

Judgement Text

, ' , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA ( ) . . , , , , , , ) [BEFORE SRI S.V. MEHROTRA, A.M. & SRI MAHAVIR SING H, J.M.] ! ! ! ! / I.T.A NO. 1986/KOL/2010 ASSESSMENT YEAR : 2003-2004 DEPUTY COMMISSIONER OF INCOME TAX, -VS.- M/S. CALEDONIAN JUTE & INDUSTRIES LIMITED, KOLKATA CIRCLE-1, KOLKATA (PAN : AABCC 4856 E) ( '# /APPELLANT ) ( $%'# / RESPONDENT ) FOR THE APPELLANT ( '# ) : SHRI A.K. PARAMANIK, D.R. FOR THE RESPONDENT ( $%'# ) : N O N E &' ( ) * &' ( ) * &' ( ) * &' ( ) * /DATE OF HEARING : 29.11.2011 +, ) * +, ) * +, ) * +, ) * /DATE OF PRONOUNCEMENT : 29.11.2011 - / ORDER PER SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER/ . . , :- THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER OF LD. COMMISSIONER OF INCOME- TAX (APPEALS)-I, KOLKATA DATED 12.08.2010 FOR THE A SSESSMENT YEAR 2003-04. 2. NONE APPEARED ON BEHALF OF ASSESSEE WHEN THE CAS E WAS CALLED FOR HEARING. WE, THEREFORE, DECIDED TO DISPOSE OF THE APPEAL AFTER H EARING THE LD. D.R. AND THE MATERIAL AVAILABLE ON RECORD. 3. THE ASSESSEE-COMPANY IN THE RELEVANT ASSESSMENT YEAR CARRIED ON THE BUSINESS OF MANUFACTURING JUTE AND HESSIAN PRODUCTS. THE ASSESS MENT ORDER HAS BEEN PASSED IN PURSUANCE TO THE ORDER OF ITAT IN ITA NO. 167/KOL./2007 DATED 28.03.2008, IN WHICH TRIBUNAL HAD, INTER ALIA, DIRECTED THE ASSESSING OFFICER TO ALLOW THE E MPLOYERS CONTRIBUTION TO P.F. AND ESI IF THESE WERE PAID ON OR BEFORE FILING OF RETURN OR BE FORE THE DUE DATE OF RETURN, WHICHEVER IS EARLIER AND ALLOWED EMPLOYEES CONTRIBUTION TO THES E FUNDS ONLY IF THESE WERE PAID WITHIN THE DUE DATE SPECIFIED IN SUCH ACT INCLUDING THE GRACE PERIOD. THE ASSESSING OFFICER AFTER CONSIDERING THE ASSESSEES SUBMISSION OBSERVED THAT EMPLOYEES CONTRIBUTION TO PF AMOUNTING ITA NO. 1986/KOL./2010 2 TO RS.1,46,32,589/- HAD BEEN PAID AFTER THE DUE DAT E AND EMPLOYEES CONTRIBUTION TO ESI AMOUNTING TO RS.25,93,292/- HAD ALSO PAID BEYOND DU E DATE. HE, THEREFORE, MADE A DISALLOWANCE AMOUNTING TO RS.1,72,25,881/-. 4. LD. CIT(APPEALS) ALLOWED THE ASSESSEES APPEAL F OLLOWING THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ALOM EXTRUSION LIMITED [319 ITR 306 (SC)], WHEREIN IT HAS BEEN HELD THAT DELETION OF 2 ND PROVISO TO SECTION 43B OPERATES RETROSPECTIVELY. B EING AGGRIEVED WITH THE ORDER OF LD. CIT(APPEALS), THE DEPARTMENT IS IN APPEAL BEFORE THE TRIBUNAL. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. D.R. R ESPECTFULLY FOLLOWING THE JUDGMENT OF HONBLE SUPREME COURT, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF LD. CIT(APPEALS) AND REJECT THE GROUNDS OF APPEAL TAKEN BY THE REVENUE. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29/ 11/2011. & . / - 29/11/2011. SD/- SD/- [ MAHAVIR SINGH / ] [S.V. MEHROTRA/ ( . . )] JUDICIAL MEMBER/ ACCOUNTANT MEMBER/ DATED : 29 / 11/ 2011 COPY OF THE ORDER FORWARDED TO: 1. M/S. CALEDONIAN JUTE & INDUSTRIES LTD., 9, BRABOURN E ROAD, KOLKATA-1. 2 DCIT, CIRCLE-1, KOLKATA, P-7, CHOWRINGHEE SQUARE, K OLKATA-700 069. 3. COMMISSIONER OF INCOME-TAX (APPEALS)- , KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.