Agew Steel Manufactauturers Pvt.Ltd., Ahmedabad V. Dy.Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad

ITA 3430/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6378 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 09-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO. 3430/AHD/2015 AGEW STEEL MANUFACTURERS PVT LTD VS. DCIT ASSESSMENT YEAR : 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 3430/AHD/2015 ASSESSMENT YEAR: 2012-13 AGEW STEEL MANUFACTURERS PVT LTD ....... ......APPELLANT 506, ANIKET BUILDING, NR. MUNICIPAL MARKET, CG ROAD, AHMEDABAD - 380009 [PAN : AABCA 6055 D] VS. THE DY. COMMISSIONER OF INCOME-TAX .......................RESPONDENT CIRCLE 1(1)(1), AHMEDABAD APPEARANCES BY: KARAN SHAH FOR THE APPELLANT PRASOON KABRA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 01.01.2018 DATE OF PRONOUNCING THE ORDER : 02.01.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE-APPELLANT HA S CHALLENGED CORRECTNESS OF THE ORDER DATED 26 TH OCTOBER 2015 PASSED BY THE BY THE CIT(A)-1, AHMEDA BAD, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME-TAX A CT, 1961, FOR THE ASSESSMENT YEAR 2012- 13, ON THE FOLLOWING GROUND:- THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN CO NFIRMING THE DISALLOWANCE OF RS.3,83,552/- MADE BY THE A.O. ON ACCOUNT OF DISALL OWANCE OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND AND ESIC. 2. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE A FORESAID ISSUE IS COVERED, AGAINST THE ASSESSEE, BY HONBLE JURISDICTIONAL HIGH COURTS JU DGMENT IN THE CASE OF CIT VS. GUJARAT STATE ROAD TRANSPORT CORPORATION, 366 ITR 170 (GUJ. ), WHEREIN THEIR LORDSHIPS HAVE HELD THAT IF THE ASSESSEE HAS NOT CREDIT THE EMPLOYEES CONT RIBUTION TO THE EMPLOYEES ACCOUNT IN THE RELEVANT FUND OR FUNDS ON OR BEFORE THE DUE DAT E MENTIONED IN THE EXPLANATION TO SECTION ITA NO. 3430/AHD/2015 AGEW STEEL MANUFACTURERS PVT LTD VS. DCIT ASSESSMENT YEAR : 2012-13 PAGE 2 OF 2 36(1)(VA), THE ASSESSEE SHALL NOT BE ENTITLED TO DE DUCTION OF SUCH AMOUNT IN COMPUTING THE INCOME REFERRED TO IN SECTION 28. IN VIEW OF THE ABOVE, THE GRIEVANCE OF THE ASSESSEE IS DEVOID OF ANY LEGALLY SUSTAINABLE MERIT AND WE, THE REFORE, REJECT THE SAME. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 2 ND DAY OF JANUARY, 2018. SD/- SD/- S S GODARA PRAMOD K UMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 2 ND DAY OF JANUARY, 2018 *BT 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 1. DATE OF DICTATION: ......COVERED MATTER, TAX EFFEC T LESS THAN 10 LACS 01.01.2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER: 01.01.2018...... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S.: ..02.01.2018...... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT: .. 02.01.2018.. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : . ... 02.01.2018.................. 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER: .. 8. DATE OF DESPATCH OF THE ORDER: ......