Aquarius Engineers P Ltd, Pune V. Circle 1(1), Pune

ITA 378/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5627 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Appeal Filed On: 06-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 154; 139; 143(1); 139(1)

Judgement Text

आयकरअपीलीयअधिकरण“ए”न्यायपीठपुणेमें। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकरअपऩलसं. / ITA No.378/PUN/2021 निर्धारणवषा / Assessment Year : 2018-19 Aquarius Engineers Pvt Ltd., Plot No.65, Aquarius House, Off Karve Road, Sheelavihar Colony, Pune – 411038 PAN: AACCA2748L Vs ADIT, CPC, Bangalore Appellant/ Assessee Respondent /Revenue Assessee by Shri Sarvesh Khandelwal Revenue by Shri Ramnath P Murkunde – DR Date of hearing 14/09/2022 Date of pronouncement 19/09/2022 आदेश/ ORDER PER BENCH: This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals), (NFAC), dated 26.08.2021 emanating out of proceedings under section 143(1) of the Income-tax Act, 1961 (hereinafter also called as „the Act‟) for the Assessment Year 2018-19. The assessee has raised the following ground of appeal: 1. On the facts and circumstances prevailing in the case and as per the provisions of the Act it be held that the addition of Rs.8,686/- made and confirmed by the first appellate authority on account ITA No.378/PUN/2021 for A.Y. 2018-19 Shri Aquarius Engineers Pvt. Ltd. vs.ADIT 2 of late payment of ESIC but before filing of return u/s 139 is not in accordance with the Act and the same be deleted. Just and proper relief be granted to the appellant. 2. In the present appeal, the question involved is allowability of employees‟ contribution of ESIC, which was deposited beyond time mentioned in the respective Statutes but before filing income tax return u/s 139(1) of the Act. 3. We have heard both the parties, perused the records. In this case, the AO (CPC), Bengaluru vide an order u/s 154 / 143(1) of the Act dated 17.12.2019 disallowed an amount of Rs.8,686/-. Aggrieved by the same, an appeal was filed before the CIT(A). The CIT(A) dismissed the appeal of assessee. 4. Hon‟ble Rajasthan High Court in the case of Rajasthan State Beverages Corpn. Ltd vide order dated 4/8/216 has held as under: Quote “This court in the aforesaid case has also allowed the claim of the assessee, in so far as payment of PF & ESI etc. is concerned, on the finding of fact that the amounts in question were deposited on or before the due date of furnishing of the return of income and taking in consideration judgment of this Court in CIT v. ITA No.378/PUN/2021 for A.Y. 2018-19 Shri Aquarius Engineers Pvt. Ltd. vs.ADIT 3 State Bank of Bikaner & Jaipur [2014] 363 ITR 70/43 taxmann.com” Unquote 5. The SLP filed against the said decision has been dismissed by Hon‟ble SC. 6. Hon‟ble Jurisdictional High Court held in the case of CIT vs Ghatge Patil Transports Ltd, IT APPEAL NOS. 1002 & 1034 OF 2012 vide order dated 14/10/2014 as under : Quote , “ In this manner, the amendment provided by Finance Act, 2003 put on par the benefit of deductions of tax, duty, cess and fee on the one hand with contributions to various Employees' Welfare Funds on the other. All this came up for consideration before the Hon'ble Supreme Court in the case of Alom Extrusions Ltd. (supra). The Tribunal in the case at hand relied upon the said judgment. There is no reason to fault the order passed by the Tribunal. We are of the view that the decision of the Supreme Court in Alom Extrusions Ltd. (supra) applies to employees' contribution as well as employers' contribution. Question Nos.2, 3 & 4 are accordingly answered in favour of the assessee and against the revenue. ” Unquote. Thus respectfully following the Hon‟ble High Courts it is held that the payment of employee‟s contribution beyond the due date ITA No.378/PUN/2021 for A.Y. 2018-19 Shri Aquarius Engineers Pvt. Ltd. vs.ADIT 4 mentioned in the relevant statute but before the due date of filling the return of income u/s 139(1) is allowable expenditure. 7. In the result, the assessee‟s appeal is allowed. Order pronounced in the open Court on 19 th September, 2022. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पपणे / Pune; ददिधंक / Dated : 19 th September, 2022 GCVSR आदेशकीप्रनिनलनपअग्रेनषि / Copy of the Order forwarded to : 1. अपऩलधर्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The concerned CIT(A). 4. The concerned Pr. CIT. 5. नवभधगऩयप्रनिनिनर्,आयकरअपऩलऩयअनर्करण, “ए” बेंच, पपणे / DR, ITAT, “A” Bench, Pune. 6. गधर्ाफ़धइल / Guard File. आदेशधिपसधर / BY ORDER, // TRUE COPY // Senior Private Secretary आयकरअपऩलऩयअनर्करण, पपणे/ITAT, Pune. ITA No.378/PUN/2021 for A.Y. 2018-19 Shri Aquarius Engineers Pvt. Ltd. vs.ADIT 5 S.No Details Date Initials Designation 1 Draft dictated on 15.09.2022 Sr. PS/PS 2 Final Draft placed before author 15.09.2022 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order