ACIT, Jaipur V. RAJASTHAN RAJYA SAHKARI MUDRANALYA LTD., Jaipur

ITA 240/JPR/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99520 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BRIJESH AGARWAL C A DHK
• Section: 43B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NOS. 240/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2008-09 . ASSISTANT INCOME-TAX COMMISSIONER, CIRCLE-6, JAIPUR. CUKE VS. RAJASTHAN RAJYA SAHAKARI MUDRANALAYA LTD., JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAAJR 0037 J VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI KAILASH MANGAL (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY S BY : SHRI BRIJESH AGARWAL (C.A.) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20.10.2015. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 27/11/2015. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THE APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF LD. CIT (A)-II, JAIPUR DATED 13.01.2014. THE GROUNDS RAISED IN THE APPEAL ARE AS UNDER :- 1. WHETHER ON THE FACTS AND IN CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITIO N MADE ON ACCOUNT OF DISALLOWANCE OF AID GIVEN TO KALYAN SAMITI (RAJA STHAN RAJYA SAHKARI MUDRANALYA KARAMCHARI KALYAN SANSTHAN) 2. WHETHER ON THE FACTS AND IN CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITIO N OF RS. 58,116/- MADE ON ACCOUNT OF DISALLOWANCE OF FUND TRANSFERRED TO EDUCATION FUND. 2 ITA NO. 240/JP/2014 A.Y. 2008-09. ACIT VS. RAJASTHAN RAJYA SAHKARI MUDRANALYA LTD. 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADD ITION OF RS. 8,97,000/- MADE ON ACCOUNT OF DISALLOWANCE OF PAYME NT TO UNAPPROVED GROUP GRATUITY SCHEME. 4. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADD ITION MADE ON ACCOUNT OF DISALLOWANCE OF DEDUCTION OF RS. 50,000/ - U/S 80P(2)(C). 5(I) WHETHER ON THE FACTS AND IN CIRCUMSTANCES OF T HE CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING ADDITION OF RS. 1,17,807/- MADE FOR DEPOSITING THE EMPLOYEES CONTRIBUTION TO PF BEYOND THE PRESCRIBED TIME LIMIT PROVIDED IN THE RESPECTIVE ACTS. (II) WHETHER ON THE FACTS AND IN CIRCUMSTANCES OF T HE CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN HOLDING THAT EMPLOYE ES CONTRIBUTION PF ARE GOVERNED BY THE PROVISION OF SECTION 43B AND NOT BY SECTION 36(1)(VA) R.W.S. 2(24)(X) OF I.T. ACT. 2. ON ALL THE ABOVE REFERRED ISSUES, EXCEPT GROUND NO. 5, THE LD. CIT (A) HAS ALLOWED THE APPEAL OF THE ASSESSEE ON THE BASIS OF DECISION OF TRIBUNAL DATED 26.06.2009 FOR THE ASSESSMENT YEAR 2005-06 IN ITA N O. 1190/JP/2008. 3. WE HAVE HEARD THE LD. D/R. HE FAIRLY ACCEPTED T HAT THIS ISSUE IS COVERED BY THE ORDER OF THE TRIBUNAL FOR THE A.Y. 2005-06. BY FOL LOWING THE COORDINATE BENCH DECISION IN ASSESSEES OWN CASE, WE UPHOLD THE ORDER OF LD. CIT (A). APPEAL ON THIS GROUND IS DISMISSED. 4. GROUND NO. 5 RELATES TO DELETION OF ADDITION ON ACCOUNT OF LATE DEPOSIT OF EMPLOYEES P.F. THE AO MADE THE ADDITION ON THE G ROUND THAT THE ASSESSEE HAS FAILED TO DEPOSIT THE EMPLOYEES PF CONTRIBUTION OF RS. 1, 17,807/- BEFORE THE PRESCRIBED DUE 3 ITA NO. 240/JP/2014 A.Y. 2008-09. ACIT VS. RAJASTHAN RAJYA SAHKARI MUDRANALYA LTD. DATES WHICH ATTRACTS THE PROVISIONS OF SECTION 36(1 )(VA) READ WITH SECTION 2(24)(X) OF THE I.T. ACT, 1961. 5. ON APPEAL BEFORE LD. CIT (A), HE DELETED THE ADD ITION MADE BY THE AO BY OBSERVING AS UNDER :- 7.3. I HAVE CONSIDERED THE FACTS OF THE CASE, ASS ESSMENT ORDER AND APPELLANTS WRITTEN SUBMISSION. ASSESSING OFFIC ER MADE ADDITION IN RESPECT OF EMPLOYEES CONTRIBUTION OF PF NOT PAID WITHIN DUE DATE PRESCRIBED UNDER THE PF ACT. APPELLANT SUBMITTED TH AT ALTHOUGH PAYMENT WAS DELAYED, IT WAS MADE BEFORE DUE DATE OF FILING RETURN OF INCOME AND THE SAME IS ALLOWABLE UNDER SECTION 4 3B AS PER VARIOUS JUDICIAL DECISIONS. THIS ISSUE IS COVERED I N FAVOUR OF APPELLANT BY SEVERAL DECISIONS INCLUDING THE DECISI ON OF HONBLE DELHI HIGH COURT IN THE CASE OF P.M. ELECTRICALS LTD . SINCE APPELLANT MADE PAYMENT OF EMPLOYEES CONTRIBUTION TO PF BEFOR E DUE DATE OF FILING RETURN OF INCOME, RESPECTFULLY FOLLOWING THE DECISION ON THIS ISSUE, ADDITION MADE BY THE AO IS DELETED. 6. NOW THE GROUND IS RAISED BEFORE US. 6.1. THE LD. D/R SUPPORTED THE ORDER OF THE AO. HE PLACED RELIANCE ON THE DECISION OF HONBLE GUJARAT HIGH COURT IN THE CASE OF CIT VS. G UJARAT ROAD TRANSPORT CORPORATION, (2014) 366 ITR 170 (GUJ.) AND THE DECISION OF HONB LE KERALA HIGH COURT IN THE CASE OF IN THE CASE OF CIT VS. MERCHEM LTD. (2015) 378 ITR 443 (KER.). 6.2. ON THE OTHER HAND, THE LD. A/R FOR THE ASSESSE E VEHEMENTLY SUPPORTED THE ORDER OF THE LD. CIT (A) DELETING THE ADDITION MADE BY TH E AO. IN SUPPORT OF HIS CONTENTION, HE PLACED RELIANCE ON THE DECISIONS OF JURISDICTION AL HIGH COURT IN THE CASE OF CIT VS. 4 ITA NO. 240/JP/2014 A.Y. 2008-09. ACIT VS. RAJASTHAN RAJYA SAHKARI MUDRANALYA LTD. UDAIPUR DUGDH UTPADAK SAHAKARI SANGH LTD. (2014) 36 6 ITR 163 (RAJ.) AND IN THE CASE OF CIT VS. STATE BANK OF BIKANER & JAIPUR AND OTHER S, (2014) 353 ITR 70 (RAJ.). 6.3. WE HAVE CONSISTENTLY ALLOWED THE CLAIM IN RESP ECT OF DEPOSIT OF EMPLOYEES P.F. BEFORE THE DUE DATE OF FILING OF THE RETURN, IN VAR IOUS CASES. THEREFORE, RESPECTFULLY FOLLOWING THE TRIBUNALS DECISION ON THIS ISSUE, WE FIND NO INFIRMITY IN THE ORDER OF LD. CIT (A). THE ORDER OF LD. CIT (A) ON THIS ISSUE IS CONFIRMED. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. 7. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27/11/201 5. SD/- SD/- VH-VKJ-EHUK YFYR DQEKJ (T.R. MEENA) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 27/11/2015 DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CIRCLE-6, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- M/S. RAJASTHAN RAJYA SAHKARI MUDRAN ALYA LTD., JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 240/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 5 ITA NO. 240/JP/2014 A.Y. 2008-09. ACIT VS. RAJASTHAN RAJYA SAHKARI MUDRANALYA LTD.