DCIT, Circle - 10(1), , Kolkata V. M/s. Bengal Chemicals & Pharmaceuticals Limited., Kolkata

ITA 2320/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8376 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 12-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: HARSH VARDHAN BHARDWAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (D), KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI S.S. VISWANETHRA RAVI, JM] I.T.A. NO. 2320/KOL/2018 ASSESSMENT YEAR: 2007-08 DCIT, CIRCLE 10(1) KOLKATA.............................................................APPELLANT P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. M/S. BENGAL CHEMICAL & PHARMACEUTICALS LTD.......................RESPONDENT 6, GANESH CHANDRA AVENUE, KOLKATA 700 013. [PAN: AABCB 5107 F] APPEARANCES BY: SHRI RADHEY SHYAM, CIT, DR APPEARING ON BEHALF OF THE REVENUE. SHRI HARSHVARDHAN BHARDWAJ, FCA APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : APRIL 11, 2019 DATE OF PRONOUNCING THE ORDER : APRIL 11, 2019 ORDER PER P.M. JAGTAP, VICE PRESIDENT (KZ) THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) 10, KOLKATA DATED 28 TH AUGUST, 2018 AND THE SOLITARY GROUND RAISED THEREIN BY THE REVENUE READS AS UNDER: THAT ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 81,47,560/- U/S 36(1)(VA) R.W.S. 2(24)(X) OF THE ACT AS THE ASSESSEE COMPANY DURING THE YEAR DEPOSITED EMPLOYEES CONTRIBUTION TOWARDS PF AMOUNTING TO RS. 81,47,560/- AFTER DUE DATE 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS AGREED BY THE LEARNED REPRESENTATIVES OF BOTH THE SIDES, THE SOLITARY ISSUE INVOLVED IN THIS APPEAL OF THE REVENUE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE INTER ALIA BY THE DECISION OF HONBLE KOLKATA HIGH COURT IN THE CASE OF CIT VS VIJAY SHREE LTD. (ITAT NO. 245 OF 2011, GA NO. 2607 OF 2011) WHEREIN IT WAS HELD THAT NO DISALLOWANCE ON ACCOUNT OF 2 I.T.A. NO. 2320/KOL/2018 ASSESSMENT YEAR: 2007-08 M/S. BENGAL CHEMICAL & PHARMACEUTICALS LTD. BELATED PAYMENT OF EMPLOYEES CONTRIBUTION TOWARDS ESI AND PF MADE AFTER THE DUE DATES PRESCRIBED IN THE RELEVANT LEGISLATION BUT BEFORE THE DUE DATE OF FILING OF THE RETURN OF INCOME CAN BE MADE. RESPECTFULLY FOLLOWING THE SAID DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT, WE UPHOLD THE IMPUGNED ORDER OF THE LD. CIT(A) GIVING RELIEF TO THE ASSESSEE ON THIS ISSUE AND DISMISS THE APPEAL FILED BY THE REVENUE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH APRIL, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 11/04/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. BENGAL CHEMICAL & PHARMACEUTICALS LTD., 6, GANESH CHANDRA AVENUE, KOLKATA 700 013. 2. DCIT, CIRCLE 10(1), KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / H.O.O. ITAT, KOLKATA