Appeal details
Counselvise Citation
[2020] 110 COUNSELVISE.COM (IT) 2004 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 3 month(s) 7 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
07-12-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
B
Assessment Year
2014-2015
Appeal Filed On
31-08-2017
Judgement Text
ITA NO.- 5554/DEL/2017. DELHIVERY P. LTD. (FORMERLY KNOWN AS SSN LOGISTICS P. LTD. ) PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: B: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 5554/DEL/2017 ( ASSESSMENT YEAR: 2014-15) DELHIVERY PRIVATE LTD. (FORMERLY KNOWN AS SSN LOGISTICS PVT. LTD.), NEW DELHI. VS. ACIT, CIRCLE-24(1), NEW DELHI. APPELLANT RESPONDENT PAN NO: AAPCS9575E ASSESSEE BY : SHRI SUMIT SETH, CA REVENUE BY : SHRI AVIKAL MANU, SR. DR PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-28, NEW DELHI, [LD. CIT(A), FOR SHORT], DATED 27.06.2017 FOR ASSESSMENT YEAR 2014-15. GROUNDS TAKEN IN THIS APP EAL OF ASSESSEE ARE AS UNDER: 1. THAT THE LD. AO ERRED ON THE FACTS AND CIRCUMST ANCES OF THE CASE AND IN LAW IN MAKING DISALLOWANCE OF INR 64,05,536/- ON AC COUNT OF DELAYED PAYMENT OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUN D WHICH WAS DULY DEPOSITED BY THE APPELLANT BEFORE THE DUE DATE OF F ILING OF RETURN OF INCOME FOR THE SUBJECT ASSESSMENT YEAR AND HENCE, IS DULY ALLOWABLE AS DEDUCTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 43B OF TH E ACT. 2. THE LD. CIT(A) ERRED ON THE FACTS AND CIRCUMSTAN CES OF THE CASE AND IN LAW IN UPHOLDING DISALLOWANCE MADE BY LD. AO ON ACC OUNT OF DELAYED PAYMENT OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUN D AMOUNTING TO INR 64,05,536/- WHICH WAS DULY DEPOSITED BY THE APPELLA NT BEFORE THE DUE DATE OF FILING OF RETURN OF INCOME FOR THE SUBJECTION AS SESSMENT YEAR AND HENCE, ITA NO.- 5554/DEL/2017. DELHIVERY P. LTD. (FORMERLY KNOWN AS SSN LOGISTICS P. LTD. ) PAGE 2 OF 4 IS DULY ALLOWABLE AS DEDUCTION IN ACCORDANCE WITH T HE PROVISIONS OF SECTION 43B OF THE ACT. 3. THAT THE LD. CIT(A) ERRED ON FACTS AND CIRCUMST ANCES OF THE CASE AND IN LAW BY PLACING RELIANCE UPON DECISIONS OF NON-JURIS DICTIONAL HIGH COURTS AND COMPLETELY IGNORING THE BINDING DECISIONS OF JURISD ICTIONAL HIGH COURT WHILE UPHOLDING IMPUGNED DISALLOWANCE. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, VARY, OMI T SUBSTITUTE OR AMEND THE ABOVE GROUNDS OF APPEAL, AT ANY TIME BEFORE OR AT, THE TIME OF HEARING, OF THE APPEAL, SO AS TO ENABLE YOUR HONOUR TO DECID E THIS APPEAL ACCORDING TO LAW. (B) AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE ( LD. AR, FOR SHORT) FOR THE ASSESSEE INFORMED US THAT THE ASSESSEE HAS FILED A DECLARATION UNDER VIVAD SE VISHWAS SCHEME (VSVS, FOR SHORT) FOR THE SETTLEMENT OF SU BJECT MATTER OF THE DISPUTE IN THIS APPEAL AND FILED A DECLARATION ON 01.07.2020 IN FOR M 1 GIVING ALL THE REQUIRED DETAILS TO OPT FOR THE SCHEME; WHICH IS PENDING WITH THE DESIG NATED AUTHORITY FOR ACCEPTANCE AND ISSUANCE OF CERTIFICATE IN FORM 3. THE LD. AR FOR ASSESSEE ALSO DREW OUR ATTENTION TO LETTER DATED OCTOBER 20, 2020 (ALONGWITH ENCLOSURES THERET O) FILED IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) GIVING INTIMATION FOR THE SAME. (B.1) AT THE TIME OF HEARING BEFORE US, THE LD. AR FOR AS SESSEE AS WELL AS THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, F OR SHORT) SUBMITTED BEFORE US THAT THIS APPEAL MAY BE TREATED AS WITHDRAWN AND MAY BE DISMI SSED ON ACCOUNT OF THE AFORESAID VSVS; SUBJECT TO SETTLEMENT OF THE DISPUTES IN THIS APPEAL, UNDER THE AFORESAID VSVS. AFTER DUE CONSIDERATION, IN VIEW OF THE FOREGOING; AND AS BOTH SIDES HAVE AGREED TO THIS; WE TREAT THIS APPEAL AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. ACCORDINGLY, THIS APPEAL IS DISMISSED, SUBJECT TO SETTLEMENT OF THE D ISPUTES IN THE APPEAL, UNDER THE AFORESAID VSVS. ITA NO.- 5554/DEL/2017. DELHIVERY P. LTD. (FORMERLY KNOWN AS SSN LOGISTICS P. LTD. ) PAGE 3 OF 4 (B.2) BEFORE WE PART, WE HEREBY CLARIFY, BY WAY OF ABUNDA NT CAUTION, THAT IF FOR SOME REASON THE DISPUTES UNDER THIS APPEAL BEFORE U S IS NOT SETTLED UNDER THE AFORESAID VSVS, THEN THE ASSESSEE WILL BE AT LIBERTY TO APPRO ACH ITAT FOR RESTORATION OF THIS APPEAL, IN ACCORDANCE WITH LAW. (B.3) WITH THESE DIRECTIONS, THE AFORESAID APPEAL OF THE ASSESSEE IS DISMISSED, BEING TREATED AS WITHDRAWN. (C) IN THE RESULT, THIS APPEAL IS DISMISSED. THIS ORDER WAS ALREADY PRONOUNCED ON 7 TH DECEMBER, 2020 IN OPEN COURT, IN THE PRESENCE OF REPRESENTATIVES OF BOTH SIDES; AFTER CO NCLUSION OF THE HEARING. SD/- SD/- (H.S. SIDHU) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 07/12/2020 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 5554/DEL/2017. DELHIVERY P. LTD. (FORMERLY KNOWN AS SSN LOGISTICS P. LTD. ) PAGE 4 OF 4 DATE OF DICTATION 7/12/20 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 7/12/20 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 7/12/20 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 7/12/20 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 7/12/20 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 7/12/20 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER
