Asst. Commissioner of Income Tax, Circle-8(1), Hyderabad V. Deloitte and Touche Assurance and Enterprises Risk Services India Private Limited , Hyderabad

ITA 503/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5430 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 20-09-2021
• Assessment Year: 2018-2019
• Appeal Filed On: 14-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 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 INTURI RAMA RAO, ACCOUNTANT MEMBER I.T.A. NO.503/HYD/2020 ASSESSMENT YEAR: 2018-19 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-8(1), (ERSTWHILE JURISDICTION: DCIT, CIRCLE-17(1), HYDERABAD) HYDERABAD VS M/S.DELOITTE AND TOUCHE ASSURANCE AND ENTERPRISE RISK SERVICES INDIA PRIVATE LIMITED, HYDERABAD [PAN: AABCD9794N] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI ROHIT MUJUMDAR FOR SHRI SRIKANTH, DR FOR ASSESSEE : SHRI S.P.CHIDAMBARAM, AR DATE OF HEARING : 20-09-2021 DATE OF PRONOUNCEMENT : 21-09-2021 O R D E R PER BENCH : THIS REVENUES APPEAL FOR AY.2018-19 ARISES FROM THE CIT(A)-5, HYDERABADS ORDER DATED 13-07-2020 PASSED IN CASE NO.10233 / 2019-20 / CIT(A)-5, INVOLVING PROCEEDING S U/S. 143(1) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] . 2. COMING TO THE SOLE SUBSTANTIVE ISSUE OF ESI/PF DISALLOWANCE OF RS.2,05,22,220/- WHICH STANDS DELETE D IN THE CIT(A)S ORDER, THE ASSESSEES AND REVENUES PLEA BE FORE US ARE ITA NO. 503/HYD/2020 :- 2 -: THAT THE SAME HAD BEEN PAID BEFORE THE DUE DATE OF FILIN G SEC.139(1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE CORRESPONDING STATUTES; RESPECTIVELY. WE NOTICE IN THIS FACTUAL BACKDROP THAT THE LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AMENDMENT IN SECTIONS 36(1)(VA) BUT ALSO U /S.43B OF THE ACT VIDE FINANCE ACT, 2021 FOLLOWED BY THE CBDT S MEMORANDUM OF EXPLANATION THAT THE SAME APPLIES W.E.F. 01- 04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOR EGOING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLOYERS CONTRIBUTION/DISALLOWANCE U/S.43B AS AGAINST EMPLOYEE S CONTRIBUTION U/S.36 (VA) OF THE ACT; RESPECTIVELY. H OWEVER, KEEPING IN MIND THE FACT THAT THE SAME HAS BEEN CLARIFIE D TO BE APPLICABLE W.E.F.01-04-2021 ONLY. WE HOLD THAT THE IMP UGNED DISALLOWANCE HAS BEEN RIGHTLY DELETED IN THE CIT(A)S ORDER IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE REVENUE FAIL S IN ITS SOLE SUBSTANTIVE GRIEVANCE THEREFORE. 3. THIS REVENUES APPEAL IS DISMISSED IN ABOVE TERMS . ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST SEPTEMBER, 2021 SD/- SD/- (INTURI RAMA RAO) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 21-09-2021 TNMM ITA NO. 503/HYD/2020 :- 3 -: COPY TO : 1.THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 8(1), HYDERABAD. (ERSTWHILE JURISDICTION: DCIT, CIRCLE-17 (1), HYDERABAD). 2.M/S.DELOITTE AND TOUCHE ASSURANCE AND ENTERPRISE RISK SERVICES INDIA PRIVATE LIMITED, DELOITTE TOWER 1, 1 3 TH FLOOR, SY.NO.41, GACHIBOWLI, HYDERABAD. 3.CIT(APPEALS)-5, HYDERABAD. 4.PR.CIT-5, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.