Sailotech Private Limited , Hyderbad V. Income Tax Officer, Ward-3(1) , Hyderabad

ITA 643/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2931 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 07-10-2021
• Assessment Year: 2019-2020
• Appeal Filed On: 11-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T RAJENDRA PRASAD
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 641/HYD/2020 2017-18 M/S.SAILOTECH PRIVATE LTD., HYDERABAD [PAN: AAVCS3508F] ITO, WARD-3(1), HYDERABAD 642/HYD/2020 2018-19 643/HYD/2020 2019-20 FOR ASSESSEE : SHRI T.RAJENDRA PRASAD, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 07-10-2021 DATE OF PRONOUNCEMENT : 25-10-2021 O R D E R PER S.S.GODARA, J.M. : THESE ASSESSEES THREE APPEALS ITA NOS.641, 642 & 643/HYD/2020 ARISE AGAINST THE CIT(A)-3, HYDERABADS ORDERS; DATED 16-09-2020 PASSED IN CASE NOS.10008, 10012 & 10013 / 2020-21 / C / CIT(A)-3, INVOLVING PROCEEDINGS U/S .154 FOR THE FORMER TWO APPEALS AND U/S.143(1) OF THE INCOME T AX ACT, 1961 [IN SHORT, THE ACT] FOR THE LATTER APPEAL FOR THE A Y.2019- 20; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. THE ASSESSEES IDENTICAL SOLE SUBSTANTIAL GROUND RA ISED IN ALL THESE THREE APPEALS CHALLENGES CORRECTNESS OF LEAR NED LOWER AUTHORITIES ACTION MAKING ESI/PF DISALLOWANCE OF RS.10,89,317, RS.25,35,437/- AND RS.15,94,128/-, CA SE-WISE; ITA NOS. 641, 642 & 643/HYD/2020 :- 2 -: RESPECTIVELY MADE IN BOTH THE LOWER PROCEEDINGS. THE ASSESSEES AND REVENUES PLEAS BEFORE US ARE THAT THE SAME HAS BEEN PAID BEFORE THE DUE DATE OF FILING SEC.139( 1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE CORRESPONDING STATUTE(S); RESPECTIVELY. WE NOTICE IN THIS FACTUAL BAC KDROP THAT THE LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AMENDMENT IN SECTIONS 36(1)(VA) AS WELL AS U/S. 43B VIDE FINANCE ACT, 2021 TO THIS EFFECT BUT ALSO THE CBDT HAS ISSUED MEMORANDUM OF EXPLANATION THAT THE SAME APPLIES W.E.F. 01- 04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOREG OING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLOYERS CONTRIBUTION/DISALLOWANCE U/S.43B AS AGAINST EMPLOYEE S CONTRIBUTION U/S.36(VA) OF THE ACT; RESPECTIVELY. HOWEVE R, KEEPING IN MIND THE FACT THAT THE SAME HAS BEEN CLARIFI ED TO BE APPLICABLE ONLY WITH PROSPECTIVE EFFECT FROM 01-04-20 21 ONLY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTAINAB LE IN VIEW OF ALL THESE LATEST LEGISLATIVE DEVELOPMENTS. THE IMPUGNED ESI/PF DISALLOWANCE IS DELETED IN ALL THESE ASSESSME NT YEARS THEREFORE. 3. THESE ASSESSEES THREE APPEALS ARE ALLOWED IN ABO VE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE R ESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH OCTOBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 25-10-2021 TNMM ITA NOS. 641, 642 & 643/HYD/2020 :- 3 -: COPY TO : 1.M/S.SAILOTECH PRIVATE LIMITED, FLAT NO.204, 2 ND FLOOR, CYBER VILLE, VITTAL RAO NAGAR, NEAR IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD. 2.THE ITO, WARD-3(1), HYDERABAD. 3.THE CIT(APPEALS)-3, HYDERABAD. 4.THE PR.CIT-3, HYDERABAD. 5.THE PR.CIT-1, HYDERABAD. 6.D.R. ITAT, HYDERABAD. 7.GUARD FILE.