M/s. Janak Dehydration Pvt.Ltd., Bhavnagar V. The ACIT.,Circle-1, Bhavnagar

ITA 3227/AHD/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 56996 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 07-12-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 02-12-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHMIR TEKRIWAL SRDR
• Assessee Lawyers: M K PATEL
• Section: 43B

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD , .. !'#, $ BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI A.K.GARODIA, ACCOUNTANT MEMBER ./ ITA NO. 3227/AHD/2009 & ' ('/ ASSESSMENT YEAR:2003-04 M/S JANAK DEHYDRATION PVT. LTD. 34, KERI BAZAR, OLD DARBARGADH, MAHUVA, DIST. BHAVNAGAR PAN NO.AAACJ5403F & & & & / V/S . THE ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE-1, BHAVNAGAR )*/ APPELLANT .. +,)*/ RESPONDENT )*/ BY APPELLANT SHRI M. K PATEL, AR +,)* - . /BY RESPONDENT SHRI SHMIR TEKRIWAL, SR-DR &/ - 0$ /DATE OF HEARING 07-12-2011 1!( - 0$ /DATE OF PRONOUNCEMENT 19 -01-2012 2 2 2 2 / / / / ORDER .. !'#, $ /PER A.K.GARODIA, ACCOUNTANT MEMBER:- THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE ORD ER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XX, AHMEDABAD DATED 15-09-2009 FOR ASSESSMENT YEAR 2003-04. GROUNDS RAISED BY ASSESSEE ARE AS UNDER:- (1) THAT ON FACTS AND IN LAW, THE LEARNED COMMISSI ONER OF INCOME TAX (APPEALS) HAS GRIEVOUSLY ERRED IN HOLDING THAT THE RE-OPENING OF ASSESSMENT U/S.147 IS VALID. ITA NO.3227/AHD/2009 A.Y. 2003-04 M/S JANK DEHYDRATION P. LTD. V. ACIT, CIR-1 BNG PAGE 2 (2) THAT ON FACTS AND IN LAW, THE LEARNED COMMISSIO NER OF INCOME TAX (APPEALS) HAS GRIEVOUSLY ERRED IN CONFIRMING THE AD DITION OF RS.5,00,0000/- PAID TOWARDS CONTRIBUTION OF PF U/S. 43B OF THE ACT. (3) IN THE ALTERNATE, AND WITHOUT PREJUDICE TO ABOV E GROUND, DIRECTIONS OUGHT TO BE GIVEN TO ALLOW DEDUCTION IN THE YEAR OF PAYMENT SINCE ALLOWABILITY OF THE AMOUNT IS NOT IN DISPUTE. 2. LD. AR OF THE ASSESSEE DID NOT PRESS THE GROUND NO.1, HENCE SAME IS REJECTED AS NOT PRESSED. 3. REGARDING GROUND NO.2 AND 3, IT WAS SUBMITTED BY HIM THAT THESE TWO GROUNDS ARE INTER-CONNECTED. HE SUBMITTED THAT ASSE SSING OFFICER MADE DISALLOWANCE OF RS.6,38,853/- WITH REGARD TO CONTRI BUTION TOWARDS PF. HE SUBMITTED THAT THIS AMOUNT WAS DEPOSITED BY ASSESSE E IN TWO INSTALLMENTS. FIRST AMOUNT OF RS.5 LAKH WAS DEPOSITED BY ASSESSEE ON 13-03-2002 AND THE SECOND AMOUNT OF RS.1,38,853/- WAS DEPOSITED BY ASS ESSEE ON 11-07-2003. LD. CIT(A) HAS DELETED THE DISALLOWANCE OF SECOND A MOUNT ON THIS BASIS THAT THE SAME WAS DEPOSITED BEFORE DUE DATE OF FILING OF RETURN OF INCOME FOR THIS YEAR, HENCE ALLOWABLE. THE FIRST AMOUNT OF RS.5 LAK H WAS DISALLOWED BY LD. CIT(A) ALSO ON THIS BASIS THAT IT WAS PAID ON 13-03 -2002 I.E. IN THE PREVIOUS YEAR RELATING TO ASSESSMENT YEAR 2002-03 AND THEREF ORE, DEDUCTION ON THIS ACCOUNT IS NOT ALLOWABLE IN THE PRESENT YEAR. HE HA S SUBMITTED THAT EVEN IF GROUND NO.2 OF ASSESSEE IS REJECTED, THE AO MAY BE DIRECTED TO ALLOW DEDUCTION OF THIS AMOUNT IN THE YEAR OF PAYMENT I.E . IN A.Y 2002-03. 4. LD. DR OF THE REVENUE SUPPORTED THE ORDERS OF AU THORITIES BELOW. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS, PERUSE D THE MATERIALS ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES B ELOW. WE FIND THAT THE AMOUNT IN QUESTION OF RS.5 LAKH IS ADMITTEDLY PAID BY THE ASSESSEE ON 13-03- 2002 I.E. IN PREVIOUS YEAR RELATING TO A.Y 2002-03 AND THEREFORE, AS PER PROVISION OF 43B OF THE ACT, IT IS NOT ALLOWABLE IN THE PRESENT YEAR. GROUND NO.2 ITA NO.3227/AHD/2009 A.Y. 2003-04 M/S JANK DEHYDRATION P. LTD. V. ACIT, CIR-1 BNG PAGE 3 OF THE ASSESSEES APPEAL IS REJECTED. REGARDING GRO UND NO.3, WE FIND THAT THIS ASPECT SHOULD BE EXAMINED BY ASSESSING OFFICER AS T O WHETHER DEDUCTION ON THIS ACCOUNT WAS CLAIMED OR ALLOWED IN A.Y 2002-03 OR NOT AND IF NOT THEN DEDUCTION FOR THE SAME SHOULD BE ALLOWED AFTER VERI FYING THE EVIDENCE OF PAYMENT ON 13-03-2002 AS CLAIMED BY THE ASSESSEE. G ROUND NO.3 OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, APPEAL OF ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. 3 2 - 1!( '&4 19 / 01/ 201 2 ! $ 8 - / THIS ORDER PRONOUNCED IN OPEN COURT ON 19/01/ 201 2. SD/- SD/- ( ) ($ ) (MUKUL KR. SHRAWAT) (A.K.GARODIA ) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, *DKP 2 2 2 2 - -- - +; +; +; +; <;( <;( <;( <;( / COPY OF ORDER FORWARDED TO:- 1. )* / APPELLANT 2. +,)* / RESPONDENT 3. > / CONCERNED CIT 4. >- / CIT (A) 5. ;B +& , , / DR, ITAT, AHMEDABAD 6. #' D3 / GUARD FILE. BY ORDER/ 2 , /TRUE COPY/ E/ F ,