Medoz Pharmaceuticlas, Baroda V. The Income tax Officer,Ward-2(3), Baroda

ITA 616/AHD/2012

• Counselvise Citation: 61620514 RSA 2012
• Duration Of Justice: 1 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 09-12-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 12-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DK MISHR A
• Assessee Lawyers: DIVYAKANT PARIKH

Judgement Text

, , , , SMC, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, SMC BENCH . .. . . .. . , !' # ' !' # ' !' # ' !' # ' BEFORE SHRI G.C. GUPTA, VICE-PRESIDENT ITA NO.616/AHD/2012 [ASSTT.YEAR : 2007-2008] MEDOZ PHARMACEUTICALS 505, C-WING, MANUBHAI TOER SAYAJIGUNJ, VADODARA 390 005. PAN : AAEFM 1866 E /VS. THE ITO, WARD-2(3) BARODA. ( (( (%& %& %& %& / APPELLANT) ( (( ('(%& '(%& '(%& '(%& / RESPONDENT) )* + , #/ ASSESSEE BY : SHRI DIVYAKANT PARIKH . + , #/ REVENUE BY : SHRI D.K. MISHRA, SR.DR / + *01/ DATE OF HEARING : 9 TH DECEMBER, 2013 234 + *01/ DATE OF PRONOUNCEMENT : 10-01-2014 #5 / O R D E R THIS APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2007-08 IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-II, BARODA DATED 02.12.2011. 2. THE ONLY GROUND OF APPEAL OF THE ASSESSEE IS AS UNDER: I) THAT THE LD.CIT(A) HAS ERRED BOTH IN LAW AND ON FACTS IN NOT DELETING THE ADDITION MADE BY THE AO OF THE EMPLOYE ES CONTRIBUTION TO PF RS.1,08,339/- AND EMPLOYEES CON TRIBUTIONS TO ESI RS.20,737/- DEPOSITED WITH THE GOVERNMENT BY TH E ASSESSEE FIRM SLIGHTLY LATE BUT WERE DEPOSITED MUCH BEFORE T HE DUE DATE OF FILING OF THE RELEVANT RETURN OF INCOME FOR THE AY 2007-08. ITA NO.616/AHD/2012 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE EMPLOYEES CONTRIBUTION TO PF AND ESI WAS DEPOSITED BY THE ASS ESSEE MUCH BEFORE THE DUE DATE OF FILING OF THE RETURN FOR THE RELEVANT A SSESSMENT YEAR 2007- 2008. HE SUBMITTED THAT THE ISSUE IS NOW COVERED I N FAVOUR OF THE ASSESSEE WITH SERIES OF DECISIONS INCLUDING THAT OF ITAT, AHMEDABAD IN ITA NO.371/AHD/2013 IN THE CASE OF DCIT V.CHECKMATE SERVICES P. LTD. AND ALSO THE LATEST DECISION OF HONBLE HIGH COURT OF UTTARAKHAND IN CIT VS. M/S.KICHHA SUGAR COMPANY LTD. IN INCOME TAX APP EAL NO.50 OF 2009 DATED 20.5.2013. THE LEARNED DR RELIED ON THE ORDERS OF THE AO AND THE CIT(A). 4. I HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE PER USED THE ORDERS OF THE AO AND THE CIT(A). I FIND THAT THE ASSESSEE HA S DEPOSITED THE AMOUNT OF EMPLOYEES CONTRIBUTION TOWARDS PF AND ESI PRIOR TO DUE DATE OF FILING OF THE RETURN FOR THE RELEVANT ASSESSMENT YEAR 2007 -2008. THE ISSUE OF DISALLOWANCE THEREOF IS COVERED IN FAVOUR OF THE AS SESSEE WITH THE DECISIONS RELIED UPON BY THE LEARNED COUNSEL FOR TH E ASSESSEE CITED SUPRA. ACCORDINGLY, THE ISSUE IS DECIDED IN FAVOUR OF THE ASSESSEE AND THE GROUND OF THE APPEAL OF THE ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT.