Pushpak Steel Industries Pvt.Ltd, Pune V. Assistant Commissioner of Income tax, Pune

ITA 387/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0371 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2019-2020
• Appeal Filed On: 14-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपऩल सं. / ITA No.387/PUN/2021 ननधधारण वषा / Assessment Year : 2019-20 Pushpak Steel Industries Pvt. Ltd., Gat No.119, Alandi Markal Road, Alandi Markal Road Villdhanore, Maharashtra – 412105 PAN: AABCP0081C .......अपऩलधथी / Appellant बनधम / V/s. The Asst. Director of Income Tax, CPC, Bangalore ......प्रत्यथी / Respondent Assessee by : Shri Sarvesh Khandelwal Revenue by : Shri M.G. Jasnani सपनवधई की तधरऩख / Date of Hearing : 20-06-2022 घोषणध की तधरऩख / Date of Pronouncement : 22-06-2022 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 27-08-2021 passed by the National Faceless Appeal Centre (NFAC), Delhi for assessment year 2019-20. 2. The only issue is to be decided is as to whether the CIT(A) justified in confirming the disallowance made u/s 36(1)(va) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). 2 ITA No.387/PUN/2021, A.Y. 2019-20 3. The Assessing Officer (AO), CPC, Bangalore disallowed Rs.42,235/- on account of non-payment of contribution to Employees‟ Provident Fund and Employees State Insurance before the due date as prescribed. It was contended that the said amount relating to employees‟ contribution was paid within due date relating to filing of return of income. The CIT(A) found the said submissions not acceptable and confirmed the disallowance made by the AO, CPC, Bangalore for late payment which is not covered u/s 43B of the Act. There is no dispute regarding the said payment within due date of filing of return of income and the amendment by way of Explanation (1) to clause (va) of sub-section (1) of section 36 of the Act w.e.f. 01.04.2021 is not applicable in view of the present year under consideration i.e. A.Y. 2019-20. Thus, the disallowance confirmed by the CIT(A) is not justified and the assessee is entitled to get deduction. Thus, the grounds raised by the assessee are allowed. 4. In the result, appeal of assessee is allowed. Order pronounced in the open court on 22 nd June, 2022. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पपणे / Pune; ददनधंक / Dated : 22 nd June, 2022. GCVSR 3 ITA No.387/PUN/2021, A.Y. 2019-20 आदेश की प्रनतनलनप अग्रेनषत / Copy of the Order forwarded to : 1. अपऩलधथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The NFAC, Delhi 4. The concerned CIT, Pune 5. DR, ITAT, “B” Bench, Pune. 6. गधर्ा फ़धइल / Guard File. //True Copy// आदेशधनपसधर / BY ORDER, वरिष्ठ निजी सनिव / Sr. Private Secretary आयकि अपीलीय अनिकिण ,पुणे / ITAT, Pune