Aakash Oil Field Services Pvt. Ltd., Ahmedabad V. The Deputy Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad

ITA 3312/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5804 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 09-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH SINGH
• Assessee Lawyers: S N DIVATIA
• Section: 143(3); 28

Judgement Text

ITA NOS.3312 & 3313/AHD/2016 ASSESSMENT YEARS: 2012-13 & 2013-14 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND RAJPAL YADAV JM] ITA NOS.3312 & 3313/AHD/2016 ASSESSMENT YEARS: 2012-13 & 2013-14 AAKASH OIL FIELD SERVICES PVT. LTD., ............ ......APPELLANT 52-B, NEW YORK TOWER-A, NEAR THALTEJ CROSS ROAD, THALTEJ, S.G. HIGHWAY, AHMEDABAD. [PAN : AADCA 4550 D] VS. DY. COMMISSIONER OF INCOME-TAX ...........................RESPONDENT CIRCLE - 1(1)(1), AHMEDABAD. APPEARANCES BY: S.N. DIVATIA FOR THE APPELLANT SAURABH SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 15.03.2018 DATE OF PRONOUNCING THE ORDER : 22.03.2018 O R D E R PER BENCH : 1. BY WAY OF THESE APPEALS, THE ASSESSEE-APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDERS DATED 26.07.2016 & 27.10.2016, PASSED BY THE BY THE LEARNED CIT(A)- 1, AHMEDABAD, IN THE MATTER OF ASSESSMENT UNDER SEC TION 143(3) OF THE INCOME-TAX ACT, 1961, FOR THE ASSESSMENT YEARS 2012-13 & 2013- 14. 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT T HE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE DISALLOWANCE OF RS.20,70,055/- (FOR THE A.Y. 2012-13) & RS.21,23,948/- (FOR THE A.Y. 2013-14), FOR THE LATE PAYMENT OF EMPLOYEES CONTRIBUTION TO PF/ESI. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE A FORESAID ISSUE IS SQUARELY COVERED AGAINST THE ASSESSEE BY HONBLE JURISDICTIO NAL HIGH COURTS JUDGMENT IN THE CASE OF CIT VS. GUJARAT STATE ROAD TRANSPORT CORPOR ATION, 366 ITR 170 (GUJ.), WHEREIN IT IS CATEGORICALLY HELD THAT IN THE CASE O F DELAYED DEPOSIT OF EMPLOYEES CONTRIBUTION TO PF, THE SAME WILL NOT BE DEDUCTABLE IN COMPUTING INCOME UNDER SECTION 28 OF THE ACT. THE LAW SO LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT IS BINDING ON US. THE MERE FACT THAT AN APPEAL AGAINS T THE SAID DECISION IS PENDING BEFORE THE HONBLE SUPREME COURT DOES NOT DILUTE BI NDING NATURE OF THIS JUDICIAL PRECEDENT. AS REGARD DISMISSAL OF SLP IN THE CASE OF RAJASTHAN STATE BEVERAGES CORPORATION LTD (SUPRA), IT IS ONLY ELEMENTARY THAT WHEN A SLP IS DISMISSED BY A NON- ITA NOS.3312 & 3313/AHD/2016 ASSESSMENT YEARS: 2012-13 & 2013-14 PAGE 2 OF 2 SPEAKING ORDER, IT DOES NOT CONSTITUTE A LAW DECLAR ED BY HONBLE SUPREME COURT, AND AS SUCH, IT IS NOT BINDING UNDER ARTICLE 141 OF THE CONSTITUTION OF INDIA. THE AUTHORITY, FOR THIS PROPOSITION, IS CONTAINED IN A SERIES OF J UDGMENTS OF HONBLE SUPREME COURT, INCLUDING, INTER ALIA, IN THE CASES OF STATE OF MAN IPUR VS. THINGUJAMBROJENMEETAI, (1996) 9 SCC 29; OM PRAKASH GARGI V. STATE OF PUNJA B, (1996) 11 SCC 399 AND SUN EXPORT CORPN V. COLLECTOR OF CUSTOMS, AIR 1997 SC 2658. WE, THEREFORE, SEE NO LEGALLY SUSTAINABLE MERIT IN THE CASE OF THE ASS ESSEE AND, RESPECTFULLY FOLLOWING THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT I N THE CASE OF GUJARAT STATE ROAD TRANSPORT CORPORATION (SUPRA), DISMISS THE GRIEVANC E OF THE ASSESSEE. 4. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMI SSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 22 ND MARCH, 2018 SD/- SD/- SD/- SD/- RAJPAL YADAV PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 22 ND DAY OF MARCH, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD