DCIT, CHENNAI V. Lite-On Mobile India Pvt. Limited, Sriperambudur

ITA 3426/CHNY/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4403 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 21-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MRS R BHAVYA
• Keywords: Question of law

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , ! , ! & BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.3426/MDS/2016 /ASSESSMENT YEAR: 2011-12 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-4(1), CHENNAI. VS. M/S.LITE-ON MOBILE INDIA PVT. LTD., PLOT-1A, SIPCOT INDUSTRIAL PARK, PHASE-III, SRIPERUMBUDUR-602 105. [PAN: AADCP 9246 K] ( ( /APPELLANT) ( )*( /RESPONDENT) ( + / APPELLANT BY : MR.SASIKUMAR, JCIT )*( + /RESPONDENT BY : MRS.R. BHAVYA, ADV. + /DATE OF HEARING : 12.06.2017 + /DATE OF PRONOUNCEMENT : 12.06.2017 / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER : ITA NO.3426/MDS/2016 IS AN APPEAL FILED BY THE REV ENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-8 , CHENNAI, IN ITA NO.20/2015-16 DATED 20.10.2016 FOR THE AY 2011-12. ITA NO.3426/MDS/2016 :- 2 -: 2. MRS.R. BHAVYA, ADV., REPRESENTED ON BEHALF OF TH E RESPONDENTS AND MR. SASIKUMAR, JCIT, REPRESENTED ON BEHALF OF THE A PPELLANTS. 3. IT IS SUBMITTED BY THE LD.AR THAT THE ISSUE IN T HE APPEAL OF THE REVENUE WAS AGAINST THE ACTION OF THE LD.CIT(A) IN ALLOWING THE ASSESSEES CLAIM OF THE EMPLOYEES CONTRIBUTION TO PF WHICH HA S BEEN PAID BEFORE THE DUE DATE OF THE FILING OF THE RETURN. IT WAS A SUB MISSION THAT LD.CIT(A) HAS ALLOWED THE ASSESSEES CLAIM BY FOLLOWING THE D ECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S.INDUST RIAL SECURITY & INTELLIGENCE INDIA PVT. LTD. IN TAX CASE (APPEAL) N OS.585 & 586 OF 2015 DATED 24.07.2015 WHEREIN PARA NOS.5 & 6 AS HELD AS UNDER: 5. WE FIND THAT THE TRIBUNAL HAS RIGHTLY RELIED ON THE DECISION OF THE SUPREME COURT IN THE CASE OF. CIT V. ALOM EXTRUSIONS LTD. REPORTED IN 31 9 ITR 306, WHEREBY, THE SUPREME COURT HELD THAT OMISSION OF SECOND PROVISO TO SECTION 435 AND AMENDMENT TO FIRST PROVISO BY FINANCE ACT, 2003 ARE CURATIVE IN NATURE AND ARE EF FECTIVE RETROSPECTIVELY, I.E., WITH EFFECT FROM 1.4.1988 I.E., THE DATE OF INSERTION OF FIRST PROVISO. THE DELHI HIGH COURT IN THE CASE OF CIT V. AMIL LTD. REPORTED IN 321 ITR 508 HELD THAT IF THE ASSESSEE HAD DEPOSITED EMPLOYEES CONTRIBUTION TOWARDS PROVIDENT FUND AND ESI AFTER DUE DATE AS PRESCRIBED UNDER THE RELEVANT ACT, BUT BEFORE THE DUE DATE OF FILING OF RETURN UNDER THE INCOME TAX ACT, NO DISALLOWANCE COULD BE MADE IN VIEW OF THE PROVISION S OF SECTION 435 AS AMENDED BY FINANCE ACT, 2003. 6. IN THE PRESENT CASE, THE ASSESSEE HAD REMITTED T HE EMPLOYEES CONTRIBUTION BEYOND THE DUE DATE FOR PAYMENT, BUT WITHIN THE DUE DATE FOR F ILING THE RETURN OF INCOME. HENCE, FOLLOWING THE ABOVE-SAID DECISIONS, WE FIND NO REAS ON TO DIFFER WITH THE FINDINGS OF THE TRIBUNAL. ACCORDINGLY, WE FIND NO QUESTION OF LAW M UCH LESS ANY SUBSTANTIAL QUESTION OF LAW ARISES FOR CONSIDERATION IN THESE APPEALS. ACCORDIN GLY, BOTH THE TAX CASE (APPEALS) STAND DISMISSED. NO COSTS. CONSEQUENTLY, M.P.NO.1 OF 2015 IS ALSO DISMISSED. 4. IN REPLY, THE LD.DR SUBMITTED THAT THE REVENUE H AS FILED A REVIEW PETITION BEFORE THE HONBLE JURISDICTIONAL H IGH COURT IN THE CASE OF M/S.INDUSTRIAL SECURITY & INTELLIGENCE INDIA PVT. L TD. AND THE SAME IS PENDING. ITA NO.3426/MDS/2016 :- 3 -: 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICED THAT THE LD.CIT(A) HAS FOLLOWED THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT OF MADRAS UNDER APPEAL, WE HAVE FOUND NO REAS ON IN THE ORDER OF THE LD.CIT(A), CONSEQUENTLY THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 12, 201 7, AT CHENNAI. SD/- SD/- ( ) ( S. JAYARAMAN ) ! /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER /CHENNAI, 2 /DATED: JUNE 12, 2017. TLN + )34 54 /COPY TO: 1. ( /APPELLANT 4. 6 /CIT 2. )*( /RESPONDENT 5. 4 ) /DR 3. 6 ( ) /CIT(A) 6. /GF