The ACIT,Navsari Circle, Navsari V. Maroli Vibhag Khand Udyog Sahakari Mandli Ltd., Navsari

ITA 2175/AHD/2011

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9651 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 01-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: MITESH MODI
• Section: 43B

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD 00 , ! ' #$, % & BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER !./ ITA NO. 2175/AHD/2011 % ) *)/ ASSESSMENT YEAR: 2007-2008 ACIT, NAVSARI CIRCLE NAVSARI. VS MAROLI VIBHAG KHAND UDYOG SAHKARI MANDALI LTD. MAROLI, TAL. JALALPORE NAVSARI. PAN: AAAAM 1187 H +, / (APPELLANT) -. +, / (RESPONDENT) REVENUE BY : SHRI M.K. SINGH, SR.DR ASSESSEE(S) BY : SHRI MITESH MODI / DATE OF HEARING : 13/04/2015 / DATE OF PRONOUNCEMENT: 16/04/2015 // O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER O F INCOME-TAX (APPEALS), VALSAD DATED 22.6.2011. 2. SOLE GROUND OF APPEAL TAKEN BY THE REVENUE READS AS UNDER: 1. ON THE FATS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THELD.CIT(A) ERRED IN DELETING THE ADDITION OF RS.2 9,94,798/- MADE ON ACCOUNT OF DISALLOWANCE OF CANE PURCHASE TA X, AS THE ASSESSEE HAD MADE PAYMENT OF THIS TAX AFTER DUE DAT E OF FILING OF RETURN OF INCOME AND FAILED TO COMPLY WITH THE PROV ISION OF SECTION 43B OF THE IT ACT, 1961. 3. BRIEF FACTS OF THE CASE ARE THAT THE AO FIND THA T THE ASSESSEE HAD MADE PAYMENT OF CANE PURCHASE TAX AS UNDER: ITA NO.2175/AHD/2011 2 SR.NO. DATE OF PURCHASE AMOUNT OF TAX 1. 20.11.2007 700000 2. 20.11.2007 600000 3. 20.11.2007 500000 4. 19.11.2007 800000 5. 17.11.2007 394798 TOTAL 2994798 4. ACCORDING TO THE AO, THE ASSESSEE WAS REQUIRED T O MAKE THE PAYMENT BEFORE THE DUE DATE OF FILING OF RETURN OF INCOME WHICH WAS 31.3.2007. THEREFORE, DEDUCTION FOR THE SAME WAS NO T ALLOWABLE UNDER SECTION 43B OF THE ACT, AND ACCORDINGLY, MADE ADDIT ION TO THE INCOME OF THE ASSESSEE AT RS.29,94,798/-. 5. ON APPEAL BEFORE THE CIT(A), THE ASSESSEE SUBMIT TED THAT THE ASSESSEE WAS REQUIRED TO GET ITS ACCOUNTS AUDITED U NDER SECTION 44AB OF THE ACT, AND THEREFORE, WAS REQUIRED TO FILE ITS RE TURN OF INCOME BY 31/10/2007. HE SUBMITTED THAT DUE DATE FOR FILING OF RETURN OF INCOME WAS EXTENDED UPTO 31 ST DECEMBER, 2007, AS FOR THE FIRST TIME, E-FILING OF THE RETURN OF INCOME WAS MADE MANDATORY TO ALL SUCH ASSESSEES, WHO WERE REQUIRED TO GET THEIR ACCOUNTS AUDITED UNDER T HE INCOME TAX ACT, THEREFORE, HE SUBMITTED THAT AS THE DUE DATE FOR FI LING OF RETURN OF INCOME WAS EXTENDED UPTO 31.12.2007, AND THE PAYMEN TS WERE MADE BY THE ASSESSEE BEFORE THAT, THE DISALLOWANCE MADE BY THE AO WAS NOT JUSTIFIED. 6. THE CIT(A) ACCEPTED THE SUBMISSIONS OF THE ASSES SEE AND DELETED THE DISALLOWANCE AS THE PAYMENTS WERE MADE BEFORE 3 1/12/2007, WHICH WAS THE EXTENDED DUE DATE FOR FILING OF RETURN UNDE R SECTION 139(1) OF THE ACT. 7. BEING AGGRIEVED BY THIS ORDER, THE REVENUE IS IN APPEAL BEFORE US. 8. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW AND MATERIAL AVAILABLE ON REC ORD. IN THE INSTANT ITA NO.2175/AHD/2011 3 CASE, THE ASSESSEE HAD OUTSTANDING LIABILITIES OF C ANE PURCHASE TAX OF RS.29,94,798/- AS AT THE END OF THE RELEVANT PREVIO US YEAR WHICH WAS PAID BY IT DURING THE PERIOD 17.11.2007 TO 20.11.20 07. THE ABOVE FACTS ARE NOT IN DISPUTE. THE A.O. DISALLOWED AND ADDED BACK RS.29,94,798/- BY INVOKING PROVISIONS OF SECTION 43B OF THE ACT. 9. ON APPEAL, THE CIT(A) DELETED THE ABOVE ADDITION . 10. WE FIND NO MERIT IN THE GROUND OF APPEAL OF TH E REVENUE BECAUSE THE DUE DATE OF FILING RETURN OF INCOME FOR THE YEA R UNDER CONSIDERATION WAS EXTENDED BY CBDT TO 29.02.2008 AND THE OUTSTAND ING TAX WAS PAID WELL WITHIN SUCH EXTENDED DUE DATE OF FILING OF RET URN BY THE ASSESSEE. THEREFORE, THIS GROUND OF APPEAL OF THE REVENUE IS DISMISSED. 11. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY THE 17 TH APRIL, 2015 AT AHMEDABAD. SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 17/04/2015 / 0 -%$12 32*$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! / CONCERNED CIT 4. ! ( ) / THE CIT(A) 5. $%& '' , / DR, ITAT, 6. &)* + / GUARD FILE. / ' / BY ORDER, 4/ !5 ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD