Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 5415 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 15 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
23-09-2021
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB-B
Next Hearing Date
21-09-2021
Assessment Year
2017-2018
Appeal Filed On
07-09-2020
Judgement Text
ITA NO.485/HYD/2020 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO.485/HYD/2020 ASSESSMENT YEAR: 2017-18 M/S. SOCTRONICS TECHNOLOGIES PRIVATE LIMITED, P.NO.90, 8-2-120/76/115, ROAD NO.2, BANJARA HILLS, HYDERABAD 500 034. PAN NO.AAACF4462G. VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHURAM AR. REVENUE BY : SHRI A. VENKATA RAO DR. DATE OF HEARING: 21/09/2021 DATE OF PRONOUNCEMENT: 23/09/2021 ORDER PER S.S. GODARA : THIS ASSESSEES APPEAL FOR AY.2017-18 ARISES FROM T HE CIT(A)-3, HYDERABADS ORDER DATED 22.06.2020 PASSED IN CASE NO.10801/2019-20/A3/ CIT(A)-3, INVOLVING PROCEEDING S U/S. 143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. COMING TO THE SOLE SUBSTANTIVE ISSUE OF ESI/PF DISALLOWANCE OF RS.1,49,26,447/- MADE IN BOTH THE L OWER PROCEEDINGS, THE ASSESSEES AND REVENUES PLEA BEFORE US ARE TH AT THE SAME HAD BEEN PAID BEFORE THE DUE DATE OF FILIN G SEC.139(1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE COR RESPONDING STATUTES; RESPECTIVELY. WE NOTICE IN THIS FACTUA L BACKDROP THAT THE ITA NO.485/HYD/2020 PAGE 2 OF 2 LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AME NDMENT IN SECTIONS 36(1)(VA) AS WELL AS U/S. 43B VIDE FINANC E ACT, 2021 TO THIS EFFECT BUT ALSO THE CBDT HAS ISSUED MEMORANDU M OF EXPLANATION THAT THE SAME APPLIES W.E.F. 01-04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOREGOING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLOYERS CONTRIBUTION/DISALLOWANCE U/S.4 3B AS AGAINST EMPLOYEES CONTRIBUTION U/S.36(VA) OF THE ACT; RESP ECTIVELY. HOWEVER, KEEPING IN MIND THE FACT THAT THE SAME HAS BEEN CLARIFIED TO BE APPLICABLE ONLY WITH PROSPECTIVE EFFECT FROM 01-04-2021 ONLY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTA INABLE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE IMPUGNED ESI/ PF DISALLOWANCE IS DELETED THEREFORE. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS . ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD SEPTEMBER,2021. SD/- SD/- SD/- (INTURI RAMARAO) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER HYDERABAD, DATED 23 RD SEPTEMBER, 2021. TYNM / SPS COPY TO: S.NO ADDRESSES 1 M/S. SOCTRONICS TECHNOLOGIES PRIVATE LIMITED, P.NO. 90, 8-2-120/76/115, ROAD NO.2, BANJARA HILLS, HYDERABAD 500 034. 2 T HE D CIT, C IRCLE 3 (2) , HYDERABAD. 3 THE CIT(A) - 3, HYDERABAD. 4 THE PR.CIT(3), HYDERABAD. 5 DR, ITAT HYDERABAD BENCHES 6 GUARD FILE . BY ORDER
