DEPUTY COMMISSIONER OF INCOME TAX, Jaipur V. RAJASTHAN DRUGS & PHARMACEUTICALS LTD., Jaipur

ITA 329/JPR/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6160 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 08-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J C KULHARI
• Assessee Lawyers: P C PARWAL CA DHK
• Section: 43B; 2

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 329/JP/2018 FU/KZKJ.K O'K Z @ ASSESSMENT YEARS : 2014-15. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 4, JAIPUR. CUKE VS. M/S. RAJASTHAN DRUGS & PHARMACEUTICALS LTD., ROAD NO. 12, VKI AREA, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAACR 6742 D VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI J.C. KULHARI (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 01.05.2018. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 02/05/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 26 TH DECEMBER, 2017 OF CIT (A)-2, JAIPUR FOR THE ASSESSMENT YEAR 2014-15. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- I) WHETHER ON THE FACTS IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW THE LD. CIT (A) WAS JUSTIFIED IN DELETING THE D ISALLOWANCE OF RS. 47,92,027/- MADE BY THE A.O. FOR DEPOSITING THE EMPLOYEES CONTRIBUTION TO PF & ESI BEYOND THE PRESCRIBED TIME LIMIT PROVIDED IN RESPECTIVE ACTS. II) WHETHER ON THE FACTS IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (A) WAS JUSTIFIED IN HOLDING THAT E MPLOYEES CONTRIBUTION TO PF & ESI ARE GOVERNED BY THE PROVIS IONS OF 2 ITA NO. 329/JP/2018 RAJASTHAN DRUGS & PHARMACEUTICALS LTD., JAIPUR. SECTION 43B AND NOT BY SECTION 36(1)(VA) R.W.S. 2(2 4)(X) OF THE I.T. ACT. III) THE APPELLANT CRAVES ITS RIGHTS TO ADD, AMEND OR ALTER ANY OF THE GROUNDS ON OR BEFORE THE HEARING. 2. THE ONLY ISSUE ARISES IN THE APPEAL OF THE REVEN UE IS REGARDING DISALLOWANCE MADE BY THE AO ON ACCOUNT OF DEPOSITING EMPLOYEES CONTRIBUTION OF PF AND ESI BEYOND THE PRESCRIBED LIMITATION PROVIDED IN THE RE SPECTIVE ACTS, WHICH WAS DELETED BY LD. CIT (A) BY NOTING THE FACT THAT THE DEPOSITS WERE MADE BEFORE THE DUE DATE OF FILING OF THE RETURN OF INCOME. 3. WE HAVE HEARD THE LD. D/R AS WELL AS THE LD. A/R AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, WE NOTE THAT TH IS ISSUE IS COVERED BY THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. STATE BANK OF BIKANER & JAIPUR, 363 ITR 70 (RAJ.) AS WELL AS THE DECISION I N THE CASE OF CIT VS. JAIPUR VIDHYUT VITHRAN NIGAM LTD., 363 ITR 307 (RAJ.). IN VIEW OF THE ABOVE BINDING PRECEDENT OF HONBLE JURISDICTIONAL HIGH COURT, WE DO NOT FIND A NY ERROR OR ILLEGALITY IN THE IMPUGNED ORDER OF LD. CIT (A). 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02/05/2 018. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKWO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 02/05/2018. DAS/ 3 ITA NO. 329/JP/2018 RAJASTHAN DRUGS & PHARMACEUTICALS LTD., JAIPUR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-THE DCIT CIRCLE-4, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT-M/S. RAJASTHAN DRUGS & PHARMACEUTICA LS LTD., JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 329/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR