DCIT, Faridabad V. Sh Vikul Verma , Faridabad

ITA 3042/DEL/2009

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9703 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-12-2009
• Assessment Year: 2006-2007
• Appeal Filed On: 01-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONA MOHANTI
• Section: 43B; 139(1)

Judgement Text

ITA NO. 3042/DEL/2009 A.Y. 2006-07 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 3042/DEL/2009 A.Y. 2006-07 DY. CIT, VS. SH. VIKUL VERMA, CIRCLE-1, BLOCK-1-B, CGO COMPLEX, S/O SH. DHARAM PAL VERMA, NH-4, FARIDABAD (HARYANA) PROP. M/S INDUS FASHIONS , 13/3, DELHI MATHURA ROAD, FARIDABAD (HARYANA) (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. MONA MOHANTI, DR RESPONDENT BY : SH. GURJEET SINGH ORDER PER SHAMIM YAHYA, AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDERS OF THE CIT(A) DATED 12.5.2009 AND PERTAINS TO ASSESSMENT YEAR 2006-07. 2. THE ISSUE RAISED IS THAT THE LD. CIT(A) HAS ER RED IN DELETING THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF LATE DEPOSIT OF EMPLOYEES CONTRIBUTIONS IN RESPECT OF PF AND ESI. 3. IN THIS CASE THE AO FOUND THAT THE ASSESSEE HA D FAILED TO DEPOSIT THE EMPLOYEES CONTRIBUTIONS IN RESPECT OF PF AND ESI WITHIN THE S TIPULATED TIME. THEREFORE, HE MADE THE ADDITION ON THESE CONTRIBUTIONS TO THE INCOME O F THE ASSESSEE UNDER SECTION 43B OF THE IT ACT. ITA NO. 3042/DEL/2009 A.Y. 2006-07 2 4. ON ASSESSES APPEAL THE LD. CIT(A) GIVE A FINDIN G THAT THE DEPOSITS ON THIS ACCOUNTS WERE MADE BEFORE THE DUE DATE FOR FILING OF THE RET URNS UNDER SECTION 139(1) OF THE IT ACT. ACCORDINGLY, HE DELETED THE ADDITION MADE BY THE ASSESSING OFFICER. 5. AGAINST THIS ORDER THE REVENUE IS IN APPEAL BEF ORE US. 6. WE HAVE HEARD BOTH THE COUNSELS AND PERUSED THE RECORDS. WE FIND THAT THE ISSUE STANDS COVERED IN FAVOUR OF THE ASSESSEE BY THE DEC ISION OF THE APEX COURT DELIVERED IN THE CASE OF CIT V/S VINAY CEMENT IN (2007) 213 CTR 268, WHEREIN THE HONBLE APEX COURT HELD THAT SUCH PAYMENTS MADE BEFORE THE DATE OF FILING OF THE RETURNS COULD NOT BE DISALLOWED UNDER SECTION 43B. 7. RESPECTFULLY FOLLOWING THE PRECEDENCE, WE UPHOL D THE ORDER OF THE CIT(A) AND DECIDE THE ISSUE IN FAVOUR OF THE ASSESSEE. 8. IN THE RESULT, THE APPEAL FILED BY THE REVENU E IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH SEPTEMBER, 2009. SD/- SD/- [R.P. TOLANI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 4 TH SEPTEMBER, 2009 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES ITA NO. 3042/DEL/2009 A.Y. 2006-07 3