Belvedere Golf and Country Club Pvt. Ltd., Ahmedabad V. The ACIT, Circle-1(1)(2), Ahmedabad

ITA 502/AHD/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0726 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2017-2018
• Appeal Filed On: 11-10-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V.K. SINGH
• Assessee Lawyers: BIREN SHAH
• Section: 43B; 139(1)

Judgement Text

ITA No.502/Ahd/2020 A.Y. 2017-18 Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA No.502/Ahd/2020 Assessment Year: 2017-18 Belvedere Golf and Country vs. The A.C.I.T., Club Pvt. Ltd., Circle – 1(1)(2), Ahmedabad. 10 th Floor, Shikhar Nr. Adani House, Mithakhali Six Roads, Navrangpura, Ahmedabad. [PAN – AADCB 6342 E] (Appellant) (Respondent) Appellant by : Shri Biren Shah, A.R. Respondent by : Shri V.K. Singh, Sr. D.R. Date of hearing : 26.05.2022 Date of pronouncement : 31.05.2022 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This is an appeal filed by the assessee against order dated 19.08.2020 passed by the CIT(A)-1, Ahmedabad for the Assessment Year 2017-18. 2. The assessee has raised the following ground of appeal : “1. On the facts and in the circumstances of the case of the appellant, the learned CIT(A) erred in confirming disallowance of Rs.1,36,869/- being Employees’ contribution to Provident Fund made by the Assessing Officer on the ground that the aforesaid payment was made after the due date prescribed under relevant Act, even though the payment was made within the time prescribed under Section 139(1) of the I.T. Act, 1961 for filing the return of income. 3. The original return of income was filed on 30.10.2018 declaring total loss of Rs.6,37,61,755/-. Thereafter, revised return of income was filed on 29.10.2018 ITA No.502/Ahd/2020 A.Y. 2017-18 Page 2 of 3 declaring total loss of Rs.7,70,58,985/-. The Assessing Officer made disallowance of Rs.1,36,869/- towards delayed payment of employees contribution and addition/ disallowance under Section 43B of the Act amounting to Rs.4,97,619/- towards employees benefit expenses. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee. 5. The Ld. AR submitted that the jurisdictional High Court in the case of Deco Mica Limited vs. DCIT (R/Tax Appeal No.302 of 2021) dated 07.01.2022 has decided this issue against the assessee relating to payment of employees’ contribution beyond due date under Employees Provident Funds & Miscellaneous Provisions Act, 1952 and Employees State Insurance Act, 1948. 6. Ld. D.R. relied upon the decision of the jurisdictional High Court. 7. We have heard both the parties and perused the relevant material available on record. The issue related to delayed payment of EPF & ESIC contribution is decided against the assessee therein by the Jurisdictional High Court in the case of Deco Mica Limited (supra), the same is dismissed. The issue in present assessee’s case is identical, hence we are dismissing the Appeal of the assessee. 8. In the result, appeal filed by the assessee is dismissed. Order pronounced in the open Court on this 31 st day of May, 2022. Sd/- Sd/- (WASEEM AHMED) (SUCHITRA KAMBLE) Accountant Member Judicial Member Ahmedabad, the 31 st day of May, 2022 PBN/* ITA No.502/Ahd/2020 A.Y. 2017-18 Page 3 of 3 Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad