M/s. J M Associates, Vadodara V. The ITO Ward - 5(3), Vadodara

ITA 620/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5829 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 10-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 43B; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER M/S J.M. ASSOCIATES, 24, VITHAL SOCIETY, R.V. DESAI ROAD, NAVAPURA, VADODARA PAN: AADFJ2376B (APPELLANT) VS THE ITO, WARD 5(3), AAYAKAR BHAVAN, VADODARA, GUJARAT (RESPONDENT) REVENUE BY : S H RI MUDIT NAGP AL , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 12 - 03 - 2 018 DATE OF PRONOUNCEMEN T : 20 - 03 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESS EE S APPEAL FOR A.Y. 2011 - 12 , ARIS ES FROM ORDER OF THE CIT(A) - 1, VADODARA DATED 15 - 12 - 2015 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL: - 1.0 THE LEARN ED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS HAS CONFIRMED THE DISALLOWANCE OF RS.9,30,903/ - U/S 43B OF THE IT ACT ON ACCOUNT OF LATE PAYMENT OF EMPLOYEES' CONTRIBUTION PAID TOWARDS PF BEING THE CLAIM OF EMPLOYEES CONTRIBUTION PAID AFTER THE DUE DATE OF RESPECTIVE MONTH BUT PAID BEFORE THE FILING OF RETURN. 3. THE ASSESSMENT IN THIS CASE WAS COMPLETED U/S. 143(3) OF THE ACT ON 7 TH MARCH, 2014 . T HE A SSESSING OFFICER HAS DISALLOWED AN AMOUNT OF RS. 930903/ - ON ACCOUNT OF LATE PAYMEN T OF EMPLOYEE S CONTRIBUTION T OWARDS PF. I T A NO . 620 / A HD/20 16 A SSESSMENT YEAR 2011 - 12 I.T.A NO. 620/AHD/2016 A.Y. 2011 - 12 PAGE NO M/S. J.M. ASSOCIATES VS. ITO 2 4. AGGRIEVED ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE BY STATING THAT THE ISSUE IS COVERED IN FAVOUR OF THE REVENUE BY THE DECISION OF THE HON BLE HIGH CO URT OF GUJARAT IN THE CASE OF GUJARAT STATE ROAD TRANSPORT CORPORATION 41 TAXMANN.COM 100 (GUJ). HE HAS ALSO HELD THAT AFORESAID PAYMENT IS GOVERNED BY THE PROVISION OF SECTION 36( 1 )(VA) AND NOT BY SECTION 43B OF THE ACT HENCE NO DEDUCTION CAN BE ALLOWED IN THE YEAR OF PAYMENT. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD CAREFULLY. WE OBSERVED THAT THIS ISSUE HAS BEEN DECID ED IN FAVOUR OF THE REVENUE BY J URISDICTIONAL H IGH C OURT VIDE ITS DECISION AS SUPRA , THEREFORE , WE DO NOT FIND ANY MERIT IN THE APPEAL OF THE ASSESSEE. WE ARE ALSO INCLINED WITH THE FINDINGS OF THE LD.CIT(A) THAT DEDUCTION OF PAYMENT OF EMPLOYEES CONTRIBUTION FOR THE PROVIDENT FUND IS GOVERNED BY THE PROVISION OF SECTION 36(1)(VA) AND NOT BY SECTION 43 B OF T HE ACT.THEREFORE THE APPEAL OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PR ONOUNCED IN THE OPEN C OURT ON 20 - 03 - 201 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 20 /03 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,