Hawk Security Services Private Limited , Hyderabad V. Assistant Commissioner of Income Tax ,Circle-2, Hyderabad

ITA 529/Hyd/2021

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2085 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2018-2019
• Appeal Filed On: 20-12-2021
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 43B; 271(1)(b); 139; 92; 139(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) B EFORE SH RI CH ALL A NAGE NDRA PRAS A D, JU DIC IAL MEMBER AND SHR I L AXMI PR AS A D SAHU , A C COUNTA NT MEMBER ITA No. 529/Hyd/2021 Assessment Year: 2018-19 Hawk Security Services Pvt. Ltd., Hyderabad. PAN – AAACH 4942H Vs. Asst. Commissioner of Income-tax Officer, Circle – 2, Hyderabad. (Appellant) (Respondent) Assessee by: Shri A.V. Raghuram Revenue by: Shri Rohit Mujumdar Date of hearing: 02/02/2022 Date of pronouncement: 03/02/2022 O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A)’s National Faceless Appeal Centre (NFAC) order dated 18/11/2021 for AY 2018-19 involving proceedings u/s 154 of the Income Tax Act, 1961, in short “the Act”. 2. The only issue involved in this appeal is that the addition of Rs. 1,04,21,060/- towards employees’ contribution to PF & ESI made on the ground that the same ITA No. 529/Hyd/2021 H a w k S e c u r i t y S e r v i c e s P v t . L t d . , H y d . :- 2 -: was not paid before the due date as provided u/s 36(1)(va) of the I.T. Act. 3. Briefly the facts of the case are that the assessee filed its return of income on 27/10/2018 showing income of Rs. 1,46,17,860/-. The CPC, Bengaluru processed the return u/s 143(1) of the Act on 19/10/2019 and thereafter the CPC passed an order u/s 154 on 17/12/2019 by making disallowance of Rs. 1,04,21,060/- being the amount of employees contribution of PF and ESI paid belatedly. 4. When the assessee preferred an appeal before the CIT(A), the CIT(A) confirmed the disallowance made by the AO. 5. We have considered the rival submissions and perused the material on record as well as gone through the orders of revenue authorities. The assessee submitted before the lower authorities that the employees’ contribution to PF paid after the due date, but, before the due date of filing the return of income. Therefore, the issue has been settled that if the assessee has paid the PF and ESI payments before the due date of filing of return income u/s 139(1) of the Act, no disallowance is warranted as held by the coordinate bench of the ITAT Hyderabad in case of ITA No. 2197/Hyd/2017 for Assessment Year: 2013-14, in case of Value Momentum Software Services Private Limited, ITA No. 529/Hyd/2021 H a w k S e c u r i t y S e r v i c e s P v t . L t d . , H y d . :- 3 -: Vs Deputy Commissioner of Income Tax, in which, it was held as under: “5. Next comes the latter issue of Section 43B disallowance of Rs.8,11,648/- pertaining to employees provident fund. It is not in dispute that learned lower authorities held that the same had to be deposited before the due date prescribed in the corresponding statute than the due date for filing Section 139(1) return. The Revenue’s case in tune thereof relies on Section 36(va) read with explanation thereto that it is not Section 43B but the former provision which is applicable in such an instance. We find no merit in the Revenue’s foregoing stand. We take note of the explanatory memorandum to the Finance Act, 2021 proposing amendment in both Section 36(va) as well as Section 43B by inserting corresponding Explanations that although the impugned employees provident fund comes under the former provision only, the same is applicable from 01-04-2021 onwards. Meaning thereby that the legislature itself has condoned the impugned default before 01-04-2021. We thus delete the impugned employees provident fund disallowance of Rs.8,11,648/- for this precise reason alone. Necessary computation to follow as per law.” 5.1 Respectfully, following the above judgement of the co- ordinate bench of Tribunal, we direct the AO to delete the addition of Rs. 1,04,21,060/- made towards employees PF & ESI contribution and confirmed by the ld. CIT (A) and accordingly, the grounds raised by the assessee on this issue are allowed. ITA No. 529/Hyd/2021 H a w k S e c u r i t y S e r v i c e s P v t . L t d . , H y d . :- 4 -: 6. In the result, appeal of the assessee is allowed in above terms. Pronounced in the open court on 3 rd February, 2022. Sd/- Sd/- (C.N. PRASAD) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 3 rd February, 2021. kv Copy to : 1 M/s Hawk Security Services Pvt. Ltd., C/o AV Raghuram, 610 Babukhan Estate, Basheerbagh, Hyderabad – 500 001 2 ACIT, Circle - 2, Hyderabad. 3 CIT(A), NFAC, Delhi 4 ITAT, DR, Hyderabad. 5 Guard File.