Plastene India Ltd., Ahmedabad V. The Dy. Commissioner of Income Tax, Circle-3(1)(1), Ahmedabad

ITA 2837/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8242 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 27-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 43B

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ./ ITA NO.2837/AHD/2016 / ASSTT. YEAR: 2013-14 PLASTENE INDIA LTD. H.B. JIRAWALA HOUSE 13, NAVBHARAT SOCIETY USMANPURA, AHMEDABAD 380013. PAN : AAACO 3087 C VS. DCIT, CIR.3(1)(1) AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : ASTHA MANIAR REVENUE BY : SHRI PRASOON KABRA, SR.DR ! / DATE OF HEARING : 23/04/2018 '#$ ! / DATE OF PRONOUNCEMENT: 10/05/2018 %& / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST O RDER OF LD.CIT(A)-9, AHMEDABAD PASSED FOR THE ASSTT.YEAR 20 13-14. 2. ONLY GROUND RAISED IN THIS APPEAL IS AGAINST DIS ALLOWANCE OF EMPLOYEES PF CONTRIBUTION OF RS.20,23,808/- UNDER SECTION 36(1)(VA) OF THE INCOME TAX ACT, 1961 ON THE GROUND THAT IT WAS NOT PAID WITHIN DUE DATE. 3. IN THE RETURN OF INCOME FILED BY THE ASSESSEE FO R THE ASSTT.YEAR 2013-14, THE ASSESSEE HAS CLAIMED DEDUCTION OF EMPL OYEES PF CONTRIBUTION AMOUNTING TO RS.20,23,808/-. THE ASSE SSEE CONTENDED BEFORE THE AO THAT PF CONTRIBUTION WAS DEPOSITED BE FORE THE DUE DATE OF ITA NO.2837 /AHD/2016 2 FILING OF RETURN, AND THEREFORE, THE ASSESSEE IS EL IGIBLE FOR DEDUCTION UNDER SECTION 36(1)(VA) AND CLAIMED DEDUCTION UNDER SECTION 43B OF THE ACT. THIS CONTENTION OF THE ASSESSEE WAS REJECTED BY THE AO ON THE GROUND THAT THE SAID SUM HAS TO BE DEPOSITED IN THE CREDIT OF EMPLOYEES WITHIN THE DUE DATE STIPULATED IN RELEVANT ACT AN D NOT BEFORE DUE DATE OF FILING OF RETURN, AND THEREFORE, THE AO TREATED THE SAME AS INCOME OF THE ASSESSEE AND ADDED TO ITS TOTAL INCOME. THIS A CTION OF THE AO WAS CONFIRMED BY THE LD.CIT(A). 4. BEFORE US, THE LD.COUNSEL FOR THE ASSESSEE REITE RATED CONTENTIONS AS WERE MADE BEFORE THE REVENUE AUTHORITIES, WHEREA S THE LD.DR RELIED UPON ORDERS OF THE REVENUE. 5. WE HAVE CONSIDERED RIVAL CONTENTIONS AND GONE TH ROUGH THE RECORD. THE AO HAS DISALLOWED DEDUCTION OF EMPLOYE ES PF CONTRIBUTION UNDER SECTION 36(1)(VA) OF THE INCOME TAX ACT, 1961 . THE LD.CIT(A) HAS UPHELD THE DISALLOWANCE BY FOLLOWING DECISION O F THE HONBLE GUJARAT HIGH COURT IN THE CASE OF CIT VS. GUJARAT STATE ROA D TRANSPORTATION CORPORATION (SUPRA). THE LD.COUNSEL FOR THE ASSESS EE DID NOT DISPUTE ABOUT PROPOSITION THAT THE HONBLE GUJARAT HIGH COU RT HAS DECIDED THIS ISSUE AGAINST THE ASSESSEE. CONSIDERING THE HON BLE HIGH COURTS JUDGMENT, IF PF CONTRIBUTIONS ARE NOT DEPOSITED WIT HIN TIME LIMIT PROVIDED IN THE RESPECTIVE ACTS, I.E. PROVIDENT FUN D AND ESI ACT, THEN DEDUCTION WILL NOT BE ADMISSIBLE TO THE ASSESSEE. AFTER CONSIDERING THE FINDING OF THE LD.CIT(A) WE DO NOT FIND ANY ERROR I N IT. THIS GROUND OF APPEAL IS REJECTED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE COURT ON 10 TH MAY, 2018 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 10/05/2018