SUICH INDUSTRIES PVT. LTD., NEW DELHI V. DCIT, CIRCLE- 24(2), NEW DELHI

ITA 6047/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5954 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 25-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.6047/Del/2017 Assessment Year: 2014-15 Suich Industries Pvt. Ltd. Plot No.68, 3 rd Floor, Block- 5, WEA, Naiwalan, Karol Bagh, New Delhi-110005 PAN No.AACCD9371N Vs DCIT Circle – 24 (2) New Delhi (APPELLANT) (RESPONDENT) Appellant by None Respondent by Sh. Umesh Takyar, Sr. DR Date of hearing: 28/03/2022 Date of Pronouncement: 28/03/2022 ORDER PER N. K. BILLAIYA, AM: This appeal filed by the assessee is preferred against the order of the CIT(A)-28, New Delhi dated 16.08.2017 for A.Y.2014-15. 2. The grievance of the assessee read as under :- 2 3. None appeared on behalf of the assessee inspite of notice we decided to proceed exparte. The DR was heard at length. Case records carefully perused. 4. During the course of the assessment proceedings on perusal of the tax audit report the AO noticed that there was a delay in depositing employees contribution to PF/ESI as under :- Employees Contribution for Amount (Rs.) Due Date Deposit Date ESI 1580 21-06-2013 26-06-2013 ESI 1588 21-07-2013 29-07-2013 ESI 1418. 21-08-2013 03-09-2013 ESI 1313 21-09-2013 28-09-2013 ESI 1576 21-10-2013 31-10-2013 ESI 1543 21-11-2013 04-12-2013 3 ESI 1311 21-12-2013 27-12-2013 ESI 1443 21-03-2014 22-03-2014 ESI 1528 21-04-2014 24-04-2014 PF 7791 25-06-2013 26-06-2013 PF 7380 25-07-2013 29-07-2013 PF 6815 25-08-2013 03-09-2013 PF 6115 25-09-2013 28-09-2013 PF 7328 25-10-2013 31-10-2013 PF 7188 25-11-2013 04-12-2013 PF 6403 25-12-2013 27-12-2013 Total 62320 5. Finding the delay the AO disallowed the sum of Rs.62320/- which was confirmed by the CIT(A). 6. This issue is no more res integra. 7. The sum and substances of the grievance in the captioned appeal pertains to the disallowance of PF and ESI payments on account of these payments being made beyond the due date specified under the specific parent legislation but before filing of the Income Tax Return. 8. Representative of the assessee and the DR fairly conceded that the issue in the captioned appeal is identical and on such concession the appeal were heard. 4 9. After carefully perusing the grievance in the captioned appeal, we are of the considered opinion that the issue is now well settled in favour of the assessee and against the revenue by the decision of the Hon’ble High Courts as follows :- 5 6 10. In the light of the decisions cited here in above, we direct the AO to delete the impugned disallowance in the hands of appellant. 11. In the light of the aforementioned judicial decisions we direct the AO to delete the addition of Rs.62320/-. This ground is accordingly allowed. 7 12. The AO on perusal of the details of interest payment found that the assessee has not deducted TDS on interest payment of Rs.2842756/- paid to NBFC’s details are as under and made addition of Rs.28,42, 756/- :- 13. Before the CIT(A) it was strongly contended that since the recipients have declared the interest income in their respective return of income, therefore, the conditions of section 201(1) of the Act have been complied and no disallowance should be made. The CIT(A) found that no supporting details have been furnished by the assessee and confirmed the addition. 14. We are of the considered view that since the assessee is claiming that the recipients NBFC’s have shown the interest as 8 income in their respective returns of income then the assessee should get one more opportunity to substantiate its claim. In the interest of justice we restore this issue to the files of the AO. The assessee is directed to furnish necessary details as per provisions of the law and the AO is directed to examine the same and decide the issue afresh after giving a reasonable opportunity of being heard to the assessee. 15. In the result, the appeal filed by the assessee is allowed in part for statistical purpose. 16. Decision announced in the open court in the presence of Ld. Sr. DR. Sd/- Sd/- (ASTHA CHANDRA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:-28.03.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 9 Date of dictation 28.03.2022 Date on which the typed draft is placed before the dictating Member 28.03.2022 Date on which the typed draft is placed before the Other member 28.03.2022 Date on which the approved draft comes to the Sr.PS/PS 28.03.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 28.03.2022 Date on which the fair order comes back to the Sr. PS/ PS 28.03.2022 Date on which the final order is uploaded on the website of ITAT 29.03.2022 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order