ACIT, Circle - 32, Kolkata, Kolkata V. M/s. Lovey's Confectioneries, Kolkata

ITA 2015/KOL/2010

• Counselvise Citation: 201523514 RSA 2010
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2012
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 08-11-2010
• Court: TRIBUNAL

Judgement Text

, C , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- C CALCUTTA () BEFORE , SHRI N. VIJAYA KUMARAN, JUDICIAL MEMBER. /AND .'#., $% SHRI C.D.RAO, ACCOUNTANT MEMBER & / ITA NO.2015/KOL/2010 A.Y 2006-07 A.C.I.T, CIRCLE-32, KOLKATA M/S. LOVEYS CONFECTION ERIES PAN : AAAFL9788N ('( / APPELLANT ) - - VERSUS -. (*+'(/ RESPONDENT ) ('( /APPELLANT / SHRI P.K CHAKRABORTY, LD.DR (*+'( / RESPONDENT: NONE - . #% /DATE OF HEARING : 21-03-2012 /0 . #% /DATE OF PRONOUNCEMENT:: 22--03-2012 $1 / ORDER , , , , , , ,, , SHRI N. VIJAYA KUMARAN, JUDICIAL MEMBER THIS APPEAL FILED BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (A)-XIX, KOLKATA DATED 0 6/08/10 FOR THE ASSESSMENT YEAR 2006- 07. 2. THE GROUNDS OF APPEAL ARE AS UNDER:- 1. THAT THE LD.CIT(A) HAS ERRED IN LAW IN ALLOWING BELATED DEPOSIT OF EMPLOYEES CONTRIBUTION TO PF/ESI, IN SPITE OF THE SPECIFIC STIPULATIONS OF SEC. 36(1)(VA). 2. THAT THE LD.CIT(A) HAS ERRED IN LAW IN ALLOWING BELATED DEPOSITS OF EMPLOYEES CONTRIBUTION TO PF/ESI, THUS FAILING TO APPRECIATE THE APPLICABILITY OF THE DECISION OF THE HONBLE ITAT (KOLKATA) IN THE C ASE OF ITC LTD 112 ITD 57 PARA 55. 3. THAT THE LD. CIT(A) HAS ERRED IN LAW IN ALLOWING RELIEF IN RESPECT TO ADDITION TO CAPITAL ON THE BASIS OF DOCUMENTS PRODU CED BEFORE HIM FOR THE FIRST TIME, WITHOUT GIVING THE ASSESSING OFFICER AN OPPOR TUNITY TO CROSS EXAMINE AND VERIFY THE PURPORTED EVIDENCE, IN VIOLATION OF RULE 46A OF THE I.T RULES 1962. 3. WE HAVE HEARD THE LEARNED DR AND PERUSED THE MAT ERIAL AVAILABLE ON RECORD. 4. THE ONLY EFFECTIVE ISSUE IS ON THE EMPLOYEES CO NTRIBUTION TO PF/ESI U/S. 36(1)(VA).OF THE I.T. ACT 1961. NOW THE DECISIONS OF THE HONBLE SUPREME COURT IN THE CASE OF VINAY CEMENT LTD REPORTED IN (2007) 213 CTR 268 (SC) AND IN THE CASE OF CIT VS. ALOM EXTRUSIONS LTD (2009) 319 ITR 306(SC) ARE DIRECTLY APPLICABLE ON THE ASSESSEES CASE. RESPECTFULLY FOLLOWING THE SAME, WE ARE OF THE VIEW THAT THERE I S NO INFIRMITY IN THE ORDER OF THE LEARNED CIT(A). FURTHER THERE IS NO INFIRMITY IN VIOLATION OF RULE 56A OF THE IT RULES 1962. THEREFORE, THE MATTER IS FULLY COVERED BY THE SAID DECISIONS. HENCE, THE GROUNDS RAISED BY THE DEPARTMENT ARE DISMISSED. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED . 2 $1 %$ 3 4 25 THIS ORDER IS PRONOUNCED IN OPEN COURT ON DT. 22 -03-2012 SD/- SD/- ( .'#., $% , ,, , ( C.D.RAO, ACCOUNTANT MEMBER) ( , ) ( N.VIJAYA KUMARAN, JUDICIAL MEMBER ) DATED: 22-03-2012 *PP SR.PS/ $1 . *66 7$0/ COPY OF THE ORDER FORWARDED TO: 1. '( /APPELLANT- ACIT,CIR-32, KOLKATA 10B, MIDDLETON RO W, 2 ND FL., KOL-71. 2 *+'( / RESPONDENT : M/S. LOVEYS CONFECTIONERIES 42A, SH AKESPEARE SARANI, KOL-17. 3. 61 /CIT), KOLKATA, 4. 61 ()/ CIT(A), 5. =64 *6/ DR, KOLKATA BENCHES, KOLKATA [+ *6/ TRUE COPY] $1/ BY ORDER ASSTT. REGISTRAR