Principle ACS Engineering India private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-10(1), Hyderabad

ITA 43/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3932 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 30-09-2021
• Assessment Year: 2017-2018
• Appeal Filed On: 10-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANANDRAM SARDA
• Section: 43B; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO.43/HYD/2020 ASSESSMENT YEAR: 2017-18 PRINCIPLE ACS ENGINEERING INDIA PRIVATE LIMITED, HYDERABAD [PAN: AAHCP8415G] VS DCIT, CIRCLE-10(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : ANANDRAM SARDA, AR FOR REVENUE : ROHIT MUJUMDAR, DR DATE OF HEARING : 30-09-2021 DATE OF PRONOUNCEMENT : 08-10-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2017-18 ARISES FROM TH E CIT(A)-6, HYDERABADS ORDER DATED 15-11-2019 PASSED IN CASE NO.10002 / 2019-20 / C / CIT(A)-6, INVOLVING PROCEE DINGS U/S. 143(1) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] . HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO THE SOLE SUBSTANTIVE ISSUE RAISED HEREIN OF ESI/PF DISALLOWANCE OF RS.8,82,048/- MADE IN BOTH TH E LOWER PROCEEDINGS THE ASSESSEES AND REVENUES PLEAS BEFORE US ARE THAT THE SAME HAS BEEN PAID BEFORE THE DUE DATE OF FILIN G SEC.139(1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE ITA NO. 43/HYD/2020 :- 2 -: CORRESPONDING STATUTE(S); RESPECTIVELY. WE NOTICE IN TH IS FACTUAL BACKDROP THAT THE LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AMENDMENT IN SECTIONS 36(1)(VA) AS WELL A S U/S. 43B VIDE FINANCE ACT, 2021 TO THIS EFFECT BUT ALSO THE C BDT HAS ISSUED MEMORANDUM OF EXPLANATION THAT THE SAME APP LIES W.E.F. 01-04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOREGOING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLO YERS CONTRIBUTION/DISALLOWANCE U/S.43B AS AGAINST EMPLOYEE S CONTRIBUTION U/S.36(VA) OF THE ACT; RESPECTIVELY. HOWEVE R, KEEPING IN MIND THE FACT THAT THE SAME HAS BEEN CLARIFIE D TO BE APPLICABLE ONLY WITH PROSPECTIVE EFFECT FROM 01-04-20 21 ONLY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTAINAB LE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE IMPUGNED ES I/PF DISALLOWANCE IS DELETED THEREFORE. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH OCTOBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 08-10-2021 TNMM ITA NO. 43/HYD/2020 :- 3 -: COPY TO : 1.PRINCIPLE ACS ENGINEERING INDIA PRIVATE LIMITED, 8-2-120/86/9/A27, PLOT NO.27, 3 RD FLOOR, RAO & RAJU COLONY, ROAD NO.2, BANJARA HILLS, HYDERABAD. 2.DCIT, CIRCLE-10(1), HYDERABAD. 3.CIT(APPEALS)-6, HYDERABAD. 4.PR.CIT-6, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.