Assistant Commissioner of Income Tax, Circle-5(1)(1), Bengaluru V. M/s N Soft (India) Services Pvt Ltd, Bengaluru

ITA 2850/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7737 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 22-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR CITA
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, B E NGAL U R U BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALI E T KUMAR, JUDICIAL MEMBER ITA NO. 2850 / BANG/ 201 7 (ASSESSMENT YEAR : 201 4 - 15 ) ASSISTANT COMMISSIONER OF INCOME - TAX , CIRCLE 5(1)( 1), BENGALURU. VS. APPELLANT M/S.N.SOFT (INDIA) SERVICES PVT. LTD. SY.NO.17, NO.580, 30 TH MAIN, BSK 3 RD STAGE, BENGALURU - 560085. PAN: AACCN 2888 E RESPONDENT APPELLANT BY : DR. P.V.PRADEEP KUMAR, ADDL.CIT(A) RESPONDENT BY : NONE DATE OF HEARING : 05/07/2018 DATE OF PRONOUNCEMENT : 06 /0 7 /2018 O R D E R PER I NTURI RAMA RAO, AM : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX (APPEALS) - 5, BENGALURU, DATED 18/08/2017 FOR THE ASSESSMENT YEAR 2014 - 15. 2. THE ASSESSEE RAISED THE FOLLOWING GROUNDS OF APPEAL: ITA NO . 2850 /BANG/201 7 PAGE 2 OF 3 3 . AT THE TIME OF HEARING T HE LEARNED DR INVITED OUR ATTENTION TO THE FACT THAT THE ISSUE INVOLVED IN THE APPEAL IS WITH REGARD TO DISALLOWANCE OF CONTRIBUTION OF PF & ESI REMITTED BY THE EMPLOYER AFTER DUE DATE PRESCRIBED U/S 43B OF THE INCOME - TAX ACT,1961 [HEREINAFTER CALLED THE ACT ]. DURING THE COURSE OF HEARING, THE LEARNED DR CANDIDLY ADMITTED THAT THE ISSUE IS SQUARELY COVERED BY THE DECISIO N OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. SABARI ENTERPRISES (298 ITR 141) IN WHICH CASE IT HAS BEEN HELD THAT THE EMPLOYEES CONTRIBUTION DEPOSITED BY THE EMPLOYER WITH THE EMPLOYEES STATE INSURANCE CORPORATION/PROVIDENT FUND IS ALLOWABLE THOUGH IT IS DEPOSITED BEYOND THE DUE DATE SPECIFIED UNDER THE PF AND ESI LAWS BUT BEFORE DUE DATE OF FILING OF INCOME - TAX RETURN FOR THE RELEVANT ASSESSMENT YEAR. UNDISPUTEDLY, PAYMENTS WERE MADE BEFORE DUE DATE OF FILING OF RETURN OF INCOME. NONE WAS PRESENT ON BEHALF OF THE RESPONDENT - ASSESSEE. 5. WE HEARD THE LEARNED DR AND PERUSED THE MATERIAL ON RECORD. W E FIND THAT THE LD. CIT(A ) HAS ADJUDICATED THE ISSUE IN THE LIGHT OF THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT. THEREFORE, NO ITA NO . 2850 /BANG/201 7 PAGE 3 OF 3 INTERFERENCE IN THE ORDER OF THE CIT(A ) IS CALLED FOR. ACCORDINGLY, WE CONFIRM THE ORDER OF THE CIT(A ) . 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 6 TH JULY 2018. S D/ - S D/ - ( LALI E T KUMAR ) (INTURI RAMA RAO) JUDICIAL MEMB ER ACCOUNTANT MEMBER PLACE : B EN GAL URU D A T E : 06 /0 7 2018 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE