Marudhar Industries Limited, Ahmedabad V. The Asstt. Commissioner of Income Tax, Circle-2(1)(2), Ahmedabad

ITA 2101/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5850 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 12-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P D SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMB ER, AND SHRI S. S. GODARA, JUDICIAL MEMBER. ITA NO. 2101/AHD/2016 (ASSESSMENT YEAR : 2013-14) M/S. MARUDHAR INDUSTRIES LTD., MEHTA LODHA & CO., CHARTERED ACCOUNTANTS, 105, SAKAR-I, ASHRAM ROAD, AHMEDABAD - 380009 APPELLANT VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(2), AHMEDABAD RESPOND ENT PAN: AABCM4070C / BY ASSESSEE : SHRI P. D. SHAH, A.R. / BY REVENUE : SHRI ALOK KUMAR, SR. D.R. /DATE OF HEARING : 14.03.2018 /DATE OF PRONOUNCEMENT : 16.03.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2013-14, ARISES AGAINST THE CIT(A)-2, AHMEDABADS ORDER DATED 13.06.2016, IN CA SE NO. CIT(A)- 2/460/AC.CIR.2(1)(2)/2015-16, AFFIRMING ASSESSING OFFICERS ACTION DISALLOWING /ADDING EMPLOYEES CONTRIBUTION TO PROVIDENT FUND OF RS.4,56,562/-, IN PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961, HEREINAFTE R THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. CASE RECORD SUGGESTS THAT THE ASSESSING OFFICER AS WELL AS CIT(A) HAVE MADE THE IMPUGNED DISALLOWANCE ON THE GROUND THAT T HE ASSESSEE HAS NOT PAID EMPLOYEES CONTRIBUTION TO PROVIDENT FUND WITHIN THE STIPULATED TIME PERIOD. ITA NO. 2101/AHD/2016 (M/S. MARUDHAR INDUSTRIES LTD . VS. ACIT) A.Y. 2013-14 - 2 - LEARNED COUNSEL REPRESENTING ASSESSEE IS FAIR ENOUG H IN NOT DISPUTING THE FACT THAT HONBLE JURISDICTIONAL HIGH COURTS JUDGMENT IN CIT VS. GUJARAT STATE ROAD TRANSPORT (2014) 366 ITR 170 (GUJ.) HAS SETTLED THE ISSUE THAT SUCH A NON PAYMENT OF EMPLOYEES CONTRIBUTION WITHIN THE STIPULATED TIM E INVITES THE IMPUGNED DISALLOWANCE. THE ASSESSEES CASE HOWEVER IS THAT IT HAD PAID THE RELEVANT SALARY/WAGES PERTAINING TO JUNE 2012 AND JANUARY 20 13 IN JULY 2012 AND FEBRUARY 2013; RESPECTIVELY. IT IS THEREFORE PLEADED THAT T HE RELEVANT DUE DATE HAS TO BE RECKONED FROM THE DATE OF ACTUAL PAYMENT INSTEAD OF RELEVANT MONTH OF SALARY AS PER THIS TRIBUNALS CO-ORDINATE BENCH DECISION IN K ANOI PAPER & INDUSTRIES LTD. VS. ACIT 75 TTJ 448. LEARNED DEPARTMENTAL REPRESENTATI VE FAILS TO DISPUTE THE FACT THAT SUCH A DUE DATE FROM ACTUAL PAYMENT COMES ON 1 5 TH AUGUST, 2012 AND 15 TH MARCH, 2013; RESPECTIVELY WHEREAS THE ASSESSEE HAS PAID THE RELEVANT DUES IN CORRESPONDING JULY AND FEBRUARY MONTHS. WE THUS CO NCLUDE THAT THE ASSESSEE HAS PAID ITS EMPLOYEES CONTRIBUTION WELL WITHIN TIME FR OM THE DATE OF ACTUAL PAYMENT. THE IMPUGNED DISALLOWANCE IS ACCORDINGLY DELETED. 3. THIS ASSESSEES APPEAL IS ALLOWED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 16 TH DAY OF MARCH, 2018.] SD/- SD/- (N. K. BILLAIYA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 16/03/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )* + ,--. . /0 / DR, ITAT, AHMEDABAD 1 + 23 4 5 / GUARD FILE. BY ORDER / . // . /0