DCIT, CHENNAI V. M/s. Hwashin Automotive India Pvt. Ltd., Kancheepuram

ITA 2588/CHNY/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4605 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 06-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANDEEP BAGMAR R

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! .#$#%, ' !( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ./ ITA NO.2588/CHNY/2016 % *% / ASSESSMENT YEAR : 2011-12 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(2), CHENNAI - 600 034. V. M/S HWASHIN AUTOMOTIVE INDIA PVT. LTD., PLOT F-65A, SIPCOT INDUSTRIAL ESTATE, IRRUNGATTUKOTTAI, SRIPERUMBUDUR, KANCHEEPURAM 602 105. PAN : AAACH 9909 E (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT ./,- 0 1 / RESPONDENT BY : SHRI SANDEEP BAGMAR R., ADVOC ATE 2 0 3' / DATE OF HEARING : 14.03.2018 45* 0 3' / DATE OF PRONOUNCEMENT : 23.03.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-6, CHENNAI, DA TED 30.06.2016 AND PERTAINS TO ASSESSMENT YEAR 2011-12. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DISAL LOWANCE OF EMPLOYEES CONTRIBUTION TOWARDS PROVIDENT FUND. 2 I.T.A. NO.2588/CHNY/16 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE CIT(APPEALS) ALLOWED THE CLAIM OF THE ASSESSEE BY PLACING RELIAN CE ON THE JUDGMENT OF MADRAS HIGH COURT IN CIT V. INDUSTRIAL SECURITY AND INTELLIGENCE PVT. LTD. IN T.C.A. NO.585 AND 586 OF 2015 DATED 24.07.2015. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE JUDGMENT OF MADRAS HIGH COURT IS BINDING ON ALL THE AUTHORITIES IN THE STATE. THEREFORE, TH E CIT(APPEALS) HAS RIGHTLY FOLLOWED THE JUDGMENT OF MADRAS HIGH COURT AND ALLO WED THE CLAIM OF THE ASSESSEE. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDING LY THE SAME IS CONFIRMED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED ON 23 RD MARCH, 2018 AT CHENNAI. SD/- SD/- ( ! .#$#%) ( . . . ) (ABRAHAM P. GEORGE) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 23 RD MARCH, 2018. KRI. 3 I.T.A. NO.2588/CHNY/16 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-6, CHENNAI 4. PRINCIPAL CIT-2, CHENNAI 5. 9< .3 /DR 6. =% > /GF.