M/s. Ashmor Electricals (India) Pvt. Ltd., Ahmedabad V. The Income Tax Officer, Ward-1(1)(4), Ahmedabad

ITA 3413/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8492 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 19-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./ ITA NO.3413/AHD/2016 / ASSTT. YEAR: 2013-14 ASHMOR ELECTRICALS (INDIA) P.LTD. 3 RD FLOOR, PUSHPAK BUILDING OPP: CAMA MOTORS KHANPUR, AHMEDABAD 380001. PAN: AADCA 3059 M VS. ITO, WARD-1(1)(4) PRATYAKSHA KAR BHAVAN AMBAWADI AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI RAJESH SHAH, AR REVENUE BY : SMT.PRAJNA PARAMITA, SR.DR ! / DATE OF HEARING : 19/04/2018 '#$ ! / DATE OF PRONOUNCEMENT: 19/04/2018 %& / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST O RDER OF LD.CIT(A)-1, AHMEDABAD DATED 28.11.2016 PASSED FOR THE ASSTT.YEAR 2013-14. 2. ONLY GROUND RAISED IN THIS APPEAL IS AGAINST DIS ALLOWANCE OF EMPLOYEES PF CONTRIBUTION OF RS.1,99,521/- UNDER S ECTION 36(I)(VA) OF THE INCOME TAX ACT, 1961 ON THE GROUND THAT IT WAS NOT PAID WITHIN DUE DATE PRESCRIBED UNDER PF ACT. ITA NO.3413 /AHD/2016 2 3. IN THE RETURN OF INCOME FILED BY THE ASSESSEE FO R THE ASSTT.YEAR 2013-14, THE ASSESSEE HAS CLAIMED DEDUCTION IN RESP ECT OF EMPLOYEES PF CONTRIBUTION OF RS.1,99,521/-. THE ASSESSEE CON TENDED BEFORE THE AO THAT PF CONTRIBUTION WAS DEPOSITED BEFORE THE DU E DATE OF FILING OF RETURN, AND THEREFORE, THE ASSESSEE IS ELIGIBLE FOR DEDUCTION UNDER SECTION 36(1)(VA) OF THE INCOME TAX ACT. THIS CONT ENTION OF THE ASSESSEE WAS REJECTED BY THE AO ON THE GROUND THAT THE SAID SUM HAS TO BE DEPOSITED IN THE CREDIT OF EMPLOYEES WITHIN T HE DUE DATE STIPULATED IN RELEVANT ACT AND NOT BEFORE DUE DATE OF FILING OF RETURN. THE LD.AO NOTICED DETAILS AND PAYMENTS MADE BY THE ASSE SSEE ON VARIOUS DATES IN PARA 4.1 OF HIS ORDER. FOLLOWING THE JUDGM ENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. GS RTC, 265 CTR 64 (GUJ) THE AO TREATED THE SAME AS INCOME OF THE ASSE SSEE AND ADDED TO ITS TOTAL INCOME. THIS ACTION OF THE AO WAS CONFIR MED BY THE LD.CIT(A). 4. BEFORE US, THE LD.COUNSEL FOR THE ASSESSEE REITE RATED CONTENTIONS AS WERE MADE BEFORE THE REVENUE AUTHORITIES, WHEREA S THE LD.DR RELIED UPON ORDERS OF THE REVENUE. 5. WE HAVE CONSIDERED RIVAL CONTENTIONS AND GONE TH ROUGH THE RECORD. THE AO HAS DISALLOWED DEDUCTIONS TOWARDS E MPLOYEES PF CONTRIBUTION ON THE GROUND THAT THE SAME WAS NOT DE POSITED WITH THE GOVERNMENT ACCOUNT WITHIN THE PRESCRIBED DATE AS ST IPULATED UNDER THE RELEVANT ACT. THE LD.CIT(A) HAS UPHELD THE DISALLOW ANCE BY FOLLOWING DECISION OF THE HONBLE GUJARAT HIGH COURT IN THE C ASE OF CIT VS. GUJARAT STATE ROAD TRANSPORTATION CORPORATION (SUPRA). THE LD.COUNSEL FOR THE ASSESSEE DID NOT DISPUTE ABOUT PROPOSITION THAT THE HONBLE GUJARAT HIGH COURT HAS DECIDED THIS ISSUE AGAINST THE ASSES SEE. CONSIDERING THE HONBLE HIGH COURTS JUDGMENT, IF PAYMENTS ARE NOT DEPOSITED WITHIN TIME LIMIT PROVIDED IN THE ACT, THEN DEDUCTION WILL NOT BE ADMISSIBLE TO THE ASSESSEE. AFTER CONSIDERING THE FINDING OF THE LD.CIT(A) WE DO NOT ITA NO.3413 /AHD/2016 3 FIND ANY ERROR IN HIS ORDER, WHICH IS UPHELD. THIS GROUND OF APPEAL IS REJECTED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE COURT ON 19 TH APRIL, 2018 AT AHMEDABAD. SD/- SD/- (N.K. BILLAIYA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER