M/s Punjab State Seed Certification Authority, Mohali V. ACIT, Chandigarh

ITA 655/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6594 (ITAT-CHANDIGARH)
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 12-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIPIN GUPTA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 655/CHD/2017 ASSESSMENT YEAR: 2012-13 PUNJAB STATE SEED CERTIFICATION AUTHORITY, VS. TH E ACIT, MOHALI CIRCLE 3(1), CHANDIGARH PAN NO. AAAL0009N (APPELLANT) (RESPONDENT) APPELLANT BY : SH. VIPIN GUPTA RESPONDENT BY : SMT. CHANDERKANTA DATE OF HEARING : 23.08.2017 DATE OF PRONOUNCEMENT : 13.11.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), [HEREINAFTER REFERRED TO AS CIT(A)]-2, AMRITSAR CAMP AT CHANDIGARH DATE D 29.01.2017. 2. THE ASSESSEE IS AGGRIEVED BY THE ACTION OF THE L OWER AUTHORITIES IN MAKING AND CONFIRMING THE ADDITION FOR RS. 12,98,57 7/- IN RESPECT OF AMOUNT DEPOSITED WITH LIC OF INDIA ON ACCOUNT OF CO NTRIBUTION MADE IN GRATUITY FUND. THE ASSESSING OFFICER MADE THE DISAL LOWANCE ON THE GROUND THAT THE FUND WAS NOT APPROVED BY THE CHIEF COMMISS IONER OR THE 2 COMMISSIONER OF INCOME TAX AS REQUIRED U/S 36(1)(VI ) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE BROU GHT OUR ATTENTION TO PAGE NO. 14 OF THE FILE WHICH IS A COPY OF THE LETT ER DATED 14.3.2017 CONVEYING THE APPROVAL OF THE PRINCIPAL CHIEF COMMI SSIONER OF INCOME TAX-1, CHANDIGARH VIDE WHICH HE HAS GRANTED APPROV AL TO THE EMPLOYEES GROUP GRATUITY SCHEME OF THE ASSESSEE. THE SAID APP ROVAL HAS BEEN GIVEN RETROSPECTIVELY MADE W.E.F. 1.4.2001. SINCE THE APP ROVAL NOW HAS BEEN GRANTED TO THE ASSESSEE, WHICH COVERS THE ASSESSMEN T ORDER UNDER CONSIDERATION, IN VIEW OF THIS, THE OBJECTION FOR W HICH THE DISALLOWANCE WAS MADE HAS BECOME REDUNDANT. IN VIEW OF THIS, THE DISALLOWANCE MADE BY THE LOWER AUTHORITIES IS HEREBY SET ASIDE AND THE APPEAL OF THE ASSESSEE IS HEREBY ALLOWED. 4. IN THE RESULT, THE APPEAL PREFERRED BY THE ASSES SEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.11.2017 SD/- SD/- (DR. B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 13 TH NOV., 2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR