PSTS Logistics Pvt Ltd., Tuticorin V. DCIT Circle 1, Tuticorin

ITA 2388/CHNY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0725 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 20-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Keywords: Question of law

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , , ' BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.2388/CHNY/2018 /ASSESSMENT YEAR: 2013-14 M/S.PSTS LOGISTICS PVT. LTD., 1-9/18, HARBOUR EXPRESS ROAD, OPP. THERMAL CAMP-1, TUTICORIN-628 001. VS. THE DY. COMMISSIONER- OF INCOME TAX, CIRCLE-1, TUTICORIN. [PAN: AACCP 7883 P ] ( ) /APPELLANT) ( *+) /RESPONDENT) ) , / APPELLANT BY : NONE *+) , /RESPONDENT BY : MR. R.CLEMENT RAMESH- KUMAR, ADDL.CIT , /DATE OF HEARING : 06.08.2019 , /DATE OF PRONOUNCEMENT : 06.08.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI, IN ITA NO.0069/2016- 17 DATED 12.06.2018 FOR THE AY 2013-14. 2. SHRI R.CLEMENT RAMESH KUMAR, ADDL.CIT, REPRESENTED ON BEHALF OF THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. ITA NO.2388/CHNY/2018 :- 2 -: 3. THE ONLY ISSUE IN THE ASSESSEES APPEAL WAS AGAINS T THE ACTION OF THE LD.CIT(A) IN CONFIRMING THE DISALLOWANCE OF THE PAY MENT OF THE EMPLOYEES SHARE OF CONTRIBUTION TO PF & ESI. 4. IN REPLY, THE LD.DR VEHEMENTLY SUPPORTED THE ORDER OF THE AO AND THE LD.CIT(A). IT WAS A SUBMISSION THAT THE EMPLOY EES CONTRIBUTION TO PF & ESI WAS NOT PAID WITHIN THE DUE DATE PRESCRIBED U /S.36(1)(VA). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. 6. AS IT IS NOTICED THAT THE ISSUES IN THIS APPEAL AR E SQUARELY COVERED BY THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COU RT IN THE CASE OF M/S.INDUSTRIAL SECURITY & INTELLIGENCE INDIA PVT. L TD. IN TAX CASE (APPEAL) NOS.585 & 586 OF 2015 DATED 24.07.2015 WHEREIN PARA NOS.5 & 6 AS HELD AS UNDER: .5. WE FIND THAT THE TRIBUNAL HAS RIGHTLY RELIE D ON THE DECISION OF THE SUPREME COURT IN THE CASE OF. CIT V. ALOM EXTRUSIONS LTD. REPORTED I N 319 ITR 306, WHEREBY, THE SUPREME COURT HELD THAT OMISSION OF SECOND PROVISO TO SECTI ON 435 AND AMENDMENT TO FIRST PROVISO BY FINANCE ACT, 2003 ARE CURATIVE IN NATURE AND ARE EFFECTIVE RETROSPECTIVELY, I.E., WITH EFFECT FROM 1.4.1988 I.E., THE DATE OF INSERTION OF FIRST PROVISO. THE DELHI HIGH COURT IN THE CASE OF CIT V. AMIL LTD. REPORTED IN 321 ITR 508 HE LD THAT IF THE ASSESSEE HAD DEPOSITED EMPLOYEES CONTRIBUTION TOWARDS PROVIDENT FUND AND ESI AFTER DUE DATE AS PRESCRIBED UNDER THE RELEVANT ACT, BUT BEFORE THE DUE DATE OF FILING OF RETURN UNDER THE INCOME TAX ACT, NO DISALLOWANCE COULD BE MADE IN VIEW OF THE PROVISION S OF SECTION 435 AS AMENDED BY FINANCE ACT, 2003. 6. IN THE PRESENT CASE, THE ASSESSEE HAD REMITTED T HE EMPLOYEES CONTRIBUTION BEYOND THE DUE DATE FOR PAYMENT, BUT WITHIN THE DUE DATE FOR F ILING THE RETURN OF INCOME. HENCE, FOLLOWING THE ABOVE-SAID DECISIONS, WE FIND NO REAS ON TO DIFFER WITH THE FINDINGS OF THE TRIBUNAL. ACCORDINGLY, WE FIND NO QUESTION OF LAW M UCH LESS ANY SUBSTANTIAL QUESTION OF LAW ARISES FOR CONSIDERATION IN THESE APPEALS. ACCORDIN GLY, BOTH THE TAX CASE (APPEALS) STAND DISMISSED. NO COSTS. CONSEQUENTLY, M.P.NO.1 OF 2015 IS ALSO DISMISSED. ITA NO.2388/CHNY/2018 :- 3 -: 7. AS IT IS NOTICED THAT THAT THE ISSUES IN THIS APPE AL ARE SQUARELY COVERED BY THE PRINCIPLES LAID DOWN BY THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S.INDUST RIAL SECURITY & INTELLIGENCE INDIA PVT. LTD., REFERRED TO SUPRA, RE SPECTFULLY FOLLOWING THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT I N THE CASE OF M/S.INDUSTRIAL SECURITY & INTELLIGENCE INDIA PVT. L TD., THE ADDITION MADE BY THE AO IS DELETED. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S ALLOWED. ORDER PRONOUNCED ON THE 06 TH AUGUST, 2019 IN CHENNAI. SD/- SD/- ( ) ( INTURI RAMA RAO ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER /CHENNAI, 3 /DATED: 06 TH AUGUST, 2019. TLN , *45 65 /COPY TO: 1. ) /APPELLANT 4. 7 /CIT 2. *+) /RESPONDENT 5. 5 * /DR 3. 7 ( ) /CIT(A) 6. /GF