Ratnadeep Retail Private Limited , Secunderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 607/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5659 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2019-2020
• Appeal Filed On: 06-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A VENKATA RAO
• Section: 43B; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO.607/HYD/2020 ASSESSMENT YEAR: 2019-20 M/S.RATNADEEP RETAIL PRIVATE LIMITED, SECUNDERABAD [PAN: AABCR8939B] VS DCIT, CIRCLE-3(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI A.VENKATA RAO, DR DATE OF HEARING : 18-08-2021 DATE OF PRONOUNCEMENT : 20-09-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2019-20 ARISES FROM TH E CIT(A)-3, HYDERABADS ORDER DATED 15-09-2020 PASSED IN CASE NO.10028 / 2020-21 / C / CIT(A)-3, INVOLVING PROCEE DINGS U/S. 143(1) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] . CASE CALLED TWICE. NONE APPEARS AT THE ASSESSEES BEH EST. IT IS ACCORDINGLY PROCEEDED EX-PARTE. 2. COMING TO THE SOLE SUBSTANTIVE ISSUE OF ESI/PF DISALLOWANCE OF RS.3,84,560/- THE REVENUES PLEA BEF ORE US IS 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 ITA NO. 607/HYD/2020 :- 2 -: 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 IS NOT SUSTAINABLE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE IMPUGNED ESI/PF DISALLOWANCE IS D ELETED THEREFORE. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 20-09-2021 TNMM ITA NO. 607/HYD/2020 :- 3 -: COPY TO : 1.M/S.RATNADEEP RETAIL PRIVATE LIMITED, D-18, VIKRA MPURI, SECUNDERABAD. 2.THE DCIT, CIRCLE-3(1), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.