MEGHDOOT EXPORT IMPORT P. LTD, MUMBAI V. DCIT CIR 2(2), MUMBAI

ITA 6410/MUM/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3356 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 10-12-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 19-09-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 43B

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI . . , / BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND . , SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER . / ITA NO.6410/MUM/2011 ! ! ! ! ' ' ' ' / ASSESSMENT YEAR 2008-09 MEGHDOOT EXPORT IMPORT PVT. LTD., HAQUE BLDG., SPROTT ROAD, BALLARD ESTATE, MUMBAI 400001 ! ! ! ! / VS. THE DCIT,CIR. 2(2), MUMBAI. # ./ $% ./ PAN/GIR NO. : AAACM3333K ( #& / APPELLANT ) .. ( '(#& / RESPONDENT ) #& ) / APPELLANT BY: NONE '(#& * ) / RESPONDENT BY : SHRI PARESH JOHRI ! * + / DATE OF HEARING : 01/07/2013 ,-' * + / DATE OF PRONOUNCEMENT : 01/07/2013 . / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS DI RECTED AGAINST THE ORDER DATED 08/06/2011 PASSED BY LD. CIT(A)-5, MUMBAI FOR THE ASSESSMENT YEAR 2008-09. THE GROUNDS OF APPEAL READ AS UNDER: 1. THE LEARNED COMMISSIONER OF INCOME TAX, (APPEA LS)-5, MUMBAI ERRED IN CONFIRMING THE DISALLOWANCE OF RS34,5281= U/S.43-B WITHOUT APPRECIATING THE FACT THAT THE LOW HAS BEEN AMENDED STATING THAT THE OUTS TANDING AMOUNT OF PF IF PAID BEFORE THE DUE DATE OF FILING THE RETURN IS TO BE A LLOWED. . / ITA NO.6410/MUM/2011 ! ! ! ! ' ' ' ' / ASSESSMENT YEAR 2008-09 2 11. YOUR APPELLANT HAS PAID THE AMOUNT BEFORE THE D UE OF FILING OF THE RETURN AND AS SUCH THE LEARNED CIT(A) OUGHT TO HAVE ALLOWED THE S UM OF RS.34,528/- IN FULL. 2. THE LEARNED C)T(A) HAS ALSO ERRED IN CONFIRMING THE DISALLOWANCE OF RS.8,108/- U/S 14-A OF THE I.T .ACT , 1961. 2.1 YOUR APPELLANT SUBMITS THAT THE INVESTMENT MADE BY YOUR APPELLANT IS OLD ONE AND NO NEW INVESTMENT HAS BEEN MADE AND AS SUCH THE LEARNED CIT(A) OUGHT TO HAVE ALLOWED THE SUM OF RS.8,108/- U/S.14-A IN FULL . 3. YOUR APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND , WITHDRAW ALL OR ANY OF THE GROUNDS OF APPEAL AS THE CIRCUMSTANCES OF THE APPEA L MAY REQUIRE. 2. ON THE FIXED DATE OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. AS THE APPEAL IS SMALL, WE PROCEED TO DECIDE THE PRES ENT APPEAL ON MERITS AFTER HEARING LD. D.R EX-PARTE QUA THE ASSESSEE. 3. APROPOS GROUND NO.1, THE FACTS ARE THAT A SUM OF RS.34,528/- WHICH WAS DUE TO BE PAID ON 20/10/2007 WAS PAID ON 23/10/2007 . THE SAME WAS DISALLOWED. WE HAVE HEARD LD. D.R ON THIS ISSUE. WE FOUND THAT THIS ISSUE IS COVERED IN FAVOUR OF ASSESSEE BY THE DECISION OF HO NBLE SUPREME COURT IN THE CASE OF CIT VS. ALLOM EXTRUSION LTD., 319 ITR 306 ( SC), WHEREIN IT HAS BEEN HELD THAT OMISSION OF SECOND PROVISION TO SECTION 43B AN D THE AMENDMENT OF FIRST PROVISO BY FINANCE ACT 2003, BRING ABOUT UNIFORMITY IN PAYMENT OF TAX, DUTY, CESS AND FEE ON ONE HAND AND CONTRIBUTION TO EMPLOYEES WELFARE FUNDS ON THE OTHER ARE CURATIVE IN NATURE AND THUS EFFECTIVE RETROSPEC TIVELY W.E.F. 1/4/1998, I.E., THE DATE OF INSERTION OF FIRST PROVISO. ACCORDINGLY, W E DIRECT THE AO TO DELETE THIS ADDITION AND GROUND NO.1 BY THE ASSESSEE IS ALLOWED . 4. SO FAR AS IT RELATES TO GROUND NO.2, WE FIND THA T BY APPLYING RULE- 8D A SUM OF RS.8,108/- WAS DISALLOWED. LD. CIT(A) HAS U PHELD THE DISALLOWANCE ON THE BASIS OF DECISION OF HONBLE BOMBAY HIGH COURT IN T HE CASE OF GODREJ & BOYCE MFG. COMPANY LTD. VS. DCIT, 328 ITR 81 (BOM), ACCOR DING TO WHICH RULE 8D IS APPLICABLE W.E.F. 2008-09. THE PRESENT APPEAL IS F OR THE ASSESSMENT YEAR 2008- 09. . / ITA NO.6410/MUM/2011 ! ! ! ! ' ' ' ' / ASSESSMENT YEAR 2008-09 3 5. WE HAVE HEARD LD. D.R ON THIS ISSUE. AFTER HEAR ING HIM AND GOING THORUGH THE ORDERS PASSED BY LD. AO AND LD. CIT(A), WE ARE OF OPINION THAT THERE IS NO INFIRMITY IN THE ORDER PASSED BY LD. CIT(A) ON THIS ISSUE AS THE SAME HAS BEEN DECIDED IN ACCORDANCE WITH THE AFOREMENTIONED DECIS ION OF HONBLE BOMBAY HIGH COURT IN THE CASE OF GODREJ & BOYCE MFG. COMPANY LT D. (SUPRA). ACCORDINGLY, THIS GROUND IS DISMISSED. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS P ARTLY ALLOWED IN THE MANNER AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON 01/07/2013 . * ,-' / 0!1 01/07/2013 - * 2 3 SD/- SD/- ( . / D.KARUNAKARA RAO ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; 0! DATED 01/07/2013 . . . . * ** * '+45 '+45 '+45 '+45 65'+ 65'+ 65'+ 65'+ / COPY OF THE ORDER FORWARDED TO : 1. #& / THE APPELLANT 2. '(#& / THE RESPONDENT. 3. 7 ( ) / THE CIT(A)- 4. 7 / CIT 5. 582 '+! , , / DR, ITAT, MUMBAI 6. 2 9 / GUARD FILE. .! .! .! .! / BY ORDER, (5+ '+ //TRUE COPY// : :: : / ; ; ; ; $ $ $ $ (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . ! . ./ VM , SR. PS