Arinna Lifescience Pvt Ltd., Ahmedabad V. ITO, Ward-1(1)(2), Ahmedabad

ITA 2754/AHD/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6757 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 06-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JIGNESH M. SHAH
• Keywords: Set aside

Judgement Text

आयकर य कर , हमदाबाद याय ‘‘स ’’ हमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD (through web-based video conferencing platform) ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER ITA No. 2754/Ahd/2017 Assessment Years : 2014-15 Arinna Lifesciences Private Limited, A-301, Sankalp Iconic, Opp. ISRO Colony, Iscon Ambli Road, Off. S.G. Highway, Ahmedabad-380054 PAN : AALCA 9374 P Vs Income Tax Officer, Ward – 1(1)(2), Ahmedabad ा / (Appellant) य / (Respondent) Assessee by : Shri Jignesh M. Shah, Advocate Revenue by : Shri V.K. Singh, Sr. DR /Date of Hearing : 28/02/2022 /Date of Pronouncement: 16/03/2022 आदेश/O R D E R PER P.M. JAGTAP, VICE-PRESIDENT : This appeal filed by the assessee is directed against the order of learned Commissioner of Income-Tax (Appeals)-1, Ahmedabad (“CIT(A)” in short) dated 23.10.2017 and the grounds raised by the assessee therein read as under:- (1) The CIT(A-1 has erred in law in not adjudicating Ground No.1 viz. "Loss determined at Rs.45347890/- be determined at Rs.45347890 + 20142363 = 65490253/- and consequential relief be granted. Deferred Tax provided Rs.20142363/- is not income liable to tax." Treating the ground as general in nature although written submissions and paper book containing 85 pages filed including Hon. Gujarat High Court decisions. The CIT(A)-1 be directed to decide Ground No. 1 as it is specific and not of general in nature. (2) Without prejudice to the above the appellant prays Hon. ITAT to decide Ground No.1 viz. Deferred Tax provided Rs.20142363/- is not income liable to tax and therefore loss determined at Rs.45347890/- be determined at Rs.45347890 + 20142363 = 65490253/- and consequential reliefs be granted. (3) Addition of Rs.1887307/- U/s.2(24)(x) of Employee PF be deleted. Amount of Rs.222744/- is the only payment beyond due date be retained. ITA No. 2754/Ahd/2017 Arinna Lifesciences Pvt Ltd Vs. ITO AY : 2014-15 2 2. We have heard the arguments of both the sides and also perused the relevant material available on record. 3. Apropos Ground Nos. 1 & 2, the learned Counsel for the assessee has submitted that the issue raised therein was not decided by the learned CIT(A) vide his impugned order inspite of the fact that the same was specifically raised by way of Ground No.1 in the appeal filed before the learned CIT(A) and the written submission along with paper-book containing 85 pages was also filed before the learned CIT(A) in support of the same. Even the learned DR has not been able to dispute this position which is clearly evident from the record. We, therefore, remit this matter back to the learned CIT(A) with the direction to consider and decide the issue raised by the assessee specifically in Ground No.1 after considering the written submission and paper-book already filed by the assessee and after giving the assessee a proper and reasonable opportunity of being heard. Ground Nos. 1 & 2 of the assessee’s appeal are accordingly treated as allowed for statistical purposes. 4. As regards the issue raised in Ground No.3 relating to the disallowance made by the Assessing Officer and confirmed by the learned CIT(A) on account of belated payment of Employees’ Provident Fund amounting to Rs.18,87,307/-, the learned Counsel for the assessee has submitted that all these payments were made within the grace period of 5 days allowed under the Employees’ Provident Funds Act and there being no delay of the said payments beyond the period allowed under the relevant Act including the grace period, the disallowance made by the Assessing Officer and confirmed by the learned CIT(A) is not sustainable. He has also submitted that the concession of grace period of 5 days under the Employees’ Provident Funds Act has been withdrawn subsequently from February 2016 and since the period covered under this appeal is FY ITA No. 2754/Ahd/2017 Arinna Lifesciences Pvt Ltd Vs. ITO AY : 2014-15 3 2013-14, the benefit of grace period was available to the assessee. The learned DR, on the other hand, has contended that this claim, specifically made by the assessee for the first time before the Tribunal, requires verification by the Assessing Officer. We find merit in this contention of the learned DR. The impugned order of the learned CIT(A) on this issue is accordingly set aside and the matter is restored to the file of the Assessing Officer for the limited purposes of verifying the claim of the assessee that the payments in question towards Employees’ Provident Funds having been made within the grace period allowed under the relevant Act, there was no delay in the said payment and the disallowance is not called for. Ground No.3 of the assessee’s appeal is accordingly treated as allowed for statistical purposes. 5. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the Court on 16 th March, 2022 at Ahmedabad. Sd/- Sd/- (T.R. SENTHIL KUMAR) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad, Dated 16/03/2022 *Bt /Copy of the Order forwarded to : 1. ! / The Appellant 2. "# ! / The Respondent. 3. $%$&' # # ( / Concerned CIT 4. # # ( ) (/ The CIT(A)- 5. + , # &' , # # &' /DR,ITAT, Ahmedabad, 6. , ./ 0 /Guard file. / BY ORDER, TRUE COPY ह # $ज (Asstt. Registrar) # # &' ITAT, Ahmedabad