CIP Machineries Pvt.Ltd., Ahmedabad V. Income Tax Officer, Ward-1(1)(3), Ahmedabad

ITA 3444/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1850 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 17-03-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 10-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./ ITA.NO.3444/AHD/2015 / ASSTT. YEAR: 2012-13 CIP MACHINERIES P.LTD. 1903, PHASE-4, OPP: MARADIA STEEL UNIT GIDC, VATVA AHMEDABAD 382 445. PAN : AAACC 7718 E VS ITO, WARD - 1(1)(3) AHMEDABAD. ! / (APPELLANT) '# ! / (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI NARENDRA SINGH, SR.DR / DATE OF HEARING : 17/03/2016 / DATE OF PRONOUNCEMENT: 05/04/2016 $%/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THE ASSESSEE IS IN APPEAL BEFORE US AGAINST THE ORD ER OF THE LD.CIT(A) DATED 19.10.2015 PASSED FOR THE ASSTT.YEA R 2012-13. ITA NO.3444/AHD/2015 2 2. THE GROUNDS OF APPEAL TAKEN BY THE ASSESSEE ARE NOT IN CONSONANCE WITH THE RULE 8 OF THE INCOME TAX (APPEL LATE TRIBUNAL) RULES, 1963 - THEY ARE DESCRIPTIVE AND ARGUMENTATIV E IN NATURE. IN BRIEF, THE GRIEVANCE OF THE ASSESSEE IS THAT THE LD.CIT(A) HAS ERRED IN CONFIRMING THE ADDITION OF RS.2,34,674/-. 3. IN RESPONSE TO THE NOTICE OF HEARING, NO ONE HAS COME PRESENT ON BEHALF OF THE ASSESSEE. WITH THE ASSISTANCE OF THE LD.DR, WE HAVE GONE THROUGH THE RECORD CAREFULLY AND PROCEED TO DECIDE THE APPEAL ON MERIT. 4. THE ASSESSEE HAS FILED ITS RETURN OF INCOME ON 2 9.9.2012 DECLARING TOTAL INCOME AT RS.22,242/-. THE EMPLOYEES OF THE ASSESSEE HAD MADE CONTRIBUTION TO PF AND ESI FUNDS. TOWARDS PF CONTR IBUTION RS.85,329/- WAS MADE. SIMILARLY, TOWARDS ESIC CONTRIBUTION, R S.1,49,345/- WAS MADE. BOTH THESE AMOUNTS COLLECTED FROM THE EMPLOY EES WERE NOT DEPOSITED BY THE ASSESSEE TO PF AND ESCI FUNDS WITH IN THE DUE DATE PRESCRIBED UNDER THOSE ACTS. THE LD.AO HAS DISALLO WED THESE AMOUNTS WITH THE AID OF SECTION 36(1)(V)(F) OF THE INCOME T AX ACT. 5. ON APPEAL, THE LD.CIT(A) HAS CONFIRMED THE DISAL LOWANCE ON THE STRENGTH OF HONBLE JURISDICTIONAL HIGH COURTS DEC ISION IN THE CASE OF STATE ROAD TRANSPORT CORPORATION, 366 ITR 170. THE LD.CIT(A) HAS REPRODUCED THE HEAD-NOTES OF THE DECISION IN PARA 3 .4 OF THE IMPUGNED ORDER. 6. ON DUE CONSIDERATIONS OF THE FACTS, WE DO NOT FI ND ANY MERIT IN THIS APPEAL. THE HONBLE HIGH COURT HAS HELD THAT IF TH E ASSESSEE FAILED TO ITA NO.3444/AHD/2015 3 DEPOSIT THE EMPLOYEES CONTRIBUTION COLLECTED FROM T HE EMPLOYEES TO PF AND ESI ACCOUNTS, WITHIN THE DUE DATE, THEN THE DED UCTION OF SUCH EXPENDITURE WILL NOT AVAILABLE TO THE ASSESSEE. TH E LD.CIT(A) HAS RIGHTLY PLACED RELIANCE UPON THE JUDGMENT OF THE HONBLE JU RISDICTIONAL HIGH COURT. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE COURT ON 5 TH APRIL, 2016 AT AHMEDABAD. SD/- SD/- (N.K. BILLAIYA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER