Jasra Graphics Pvt. Ltd., Pune V. DCIT, Pune

ITA 374/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3293 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 26-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HEMANTKUMAR C LEUVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO ITA NO. 374/PN/09 (ASSTT. YEAR 2006-07) JASRA GRAPHICS PRIVATE LIMITED 400, ORCHARD, DR. PAI MARG, BANER, PUNE-411045 PAN NO. AAACW1638F .... APPELLANT VS. DCIT CIRCLE 11(1), PUNE . RESPONDENT APPELLANT BY : SHRI NIKHIL PATHAK RESPONDENT BY : SHRI HEMANTKUMAR C. LEUVA ORDER PER D. KARUNAKARA RAO AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE CIT(A)-I, PUNE DATED 25/01/2009 AND THE GROUNDS RAISED BY THE ASSESSEE ARE AS FOLLOWS:- IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 1, PUNE ERRED IN CONFIRMING THE DISALLOWANCE OF OBSERVATIONS MADE BY THE DCIT CIRCL E 11(1), PUNE ON THE FOLLOWING POINTS. HE ERRED- 1.A) IN CONFIRMING THE ADDITION OF RS. 10,42,810/- ON ACCOUNT OF EMPLOYEES CONTRIBUTION TOWARDS PROVIDENT FUND AND RS. 13,158/- ON ACCOUNT OF EMPLOYEES CONTRIBUTION TOWARDS ESIC PAI D BEYOND THE DUE DATES B) IN NOT APPRECIATING THE FACT THAT THE AMOUNTS WE RE PAID BEFORE THE END OF THE FINANCIAL YEAR. 2. AT THE VERY OUTSET, LD. COUNSEL FOR THE ASSESSEE M ENTIONED THAT THE GROUNDS IN APPEAL RELATE TO EMPLOYEES CONTRIBUTION TO WARDS PROVIDENT FUND AND ESIC . HE FURTHER MENTIONED THAT THE SAID AMOUNTS ARE ALREAD Y PAID BEFORE ITA NO.374/PN/09 A.Y 2006-07 PAGE 2 OF 2 THE DUE DATE OF FILING OF RETURN. IN THIS CASE, COUNSEL RELIED ON DELHI HIGH COURT DECISION IN THE CASE OF CIT VS. AIMIL LTD. [2010] 3 21 ITR 508(DELHI) IN SUPPORT OF THE ASSESSEES CLAIM. DR RELIED ON THE ORDERS OF THE REVENUE. ON PERUSAL OF THE SAID JUDGEMENT WE FIND THAT THE RATIO OF THIS JUDGEM ENT APPLIES TO THE FACTS OF THE CASE. THEREFORE, ORDER OF THE CIT(A) SHOULD BE REVERED AND THE APPEAL OF THE ASSESSEE SHOULD BE ALLOWED. 3. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON 08 TH OCTOBER, 2010. SD/- SD/- (I.C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 08 TH OCTOBER, 2010 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. DCIT, CIRCLE 11(1), PUNE 3. CIT(A)-I, PUNE 4. CIT-I, PUNE 5. D.R. ITAT B BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE