M/s. Orion Steel Corporation, Ahmedabad V. The Dy.CIT.,Anand Circle, Anand

ITA 671/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57093 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-01-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 02-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S SOURYAVANSHI
• Assessee Lawyers: U S BHATI

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !'# !'# !'# !'#, , , , $ $ $ $ . .. . . .. .%&' %&' %&' %&', , , , %( ) %( ) %( ) %( ) % # % # % # % # BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND A. L. GEHLOT, ACCOUNTANT MEMBER) ITA NO.671/AHD/2010 [ASSTT.YEAR : 2007-2008] M/S. ORION STEEL CORPORATION 58, AJANTA KRISHNA HOUSING SOCIETY ANAND. PAN : AAAFO 3831 D /VS. DCIT, ANAND CIRCLE ANAND. ( (( (+, +, +, +, / APPELLANT) ( (( (-.+, -.+, -.+, -.+, / RESPONDENT) /' 0 1 %/ ASSESSEE BY : SHRI U.S. BHATI ) 0 1 %/ REVENUE BY : SHRI G.S.SOURYAVANSHI 3 0 '4(/ DATE OF HEARING : 10 TH JANUARY, 2012 5&6 0 '4(/ DATE OF PRONOUNCEMENT : 03-02-2012 %7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL OF THE ASSESSEE FOR A.Y.2007-2008 IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-IV, BARODA. 2. THE ONLY GROUND RAISED IN THIS APPEAL OF THE ASS ESSEE READS AS UNDER: 1. THE LD.CIT(A) ERRED IN LAW AND ON FACTS IN CONF IRMING DISALLOWANCE OF DEDUCTION AMOUNTING TO RS.1,58,532/ - IN RESPECT OF EMPLOYEES CONTRIBUTION TO PF AND ESI. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE DETAILS OF EMPLOYEES CONTRIBUTION TO PF AND ESI HAVE BEEN GIV EN BY THE AO IN PARA-4 OF THE ASSESSMENT ORDER. HE SUBMITTED THAT THE EMPLOYEES CONTRIBUTION TO PF AND ESI WAS DEPOSITED MUCH BEFOR E THE DUE DATE OF FILING OF THE RETURN AND THEREFORE, NO DISALLOWANCE THEREOF WAS CALLED FOR. ITA NO.671/AHD/2010 -2- HE SUBMITTED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE WITH THE DECISION OF THE ITAT, AHMEDABAD BENCHES IN ACIT VS. JMC PROJECTS (INDIA) LTD., IN ITA NO.2138/AHD/2009 AND 2171/AHD/ 2007 DATED 3-6- 2011 WHEREIN IT IS HELD THAT THE EMPLOYEES CONTRIB UTION TOWARDS PF MADE BEFORE THE DUE DATE OF FILING OF THE RETURN UNDER S ECTION 139(1) OF THE ACT WAS ADMISSIBLE. THE LEARNED DR HAS RELIED ON THE O RDERS OF THE AO AND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE PE RUSED THE DETAILS OF THE EMPLOYEES CONTRIBUTION OF PF AND THE DETAIL S OF THE ESI AS REPRODUCED BY THE AO IN PARA-4 OF THE ASSESSMENT OR DER. WE FIND THAT THE AMOUNT OF DEDUCTION PERTAINING TO CONTRIBUTION TO P F AND THE ESI WERE DEPOSITED WELL BEFORE THE DUE DATE OF FILING OF THE RETURN UNDER SECTION 139(1) OF THE ACT. THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE ITAT, AHMEDABAD BENCHES IN THE CASE OF ACIT VS. JMC PROJECTS (INDIA) LTD. (SUPRA) WHEREIN IT IS HELD TH AT THE AMOUNT DEPOSITED BY THE ASSESSEE BEFORE THE DUE DATE OF FILING OF TH E RETURN UNDER SECTION 139(1) OF THE ACT WAS ADMISSIBLE. ACCORDINGLY, THE ISSUE IS DECIDED IN FAVOUR OF THE ASSESSEE AND THE DISALLOWANCE MADE BY THE DEPARTMENT OF RS.1,58,532/- IS DELETED AND THE GROUND OF THE ASSE SSEES APPEAL IS ALLOWED. 5. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( . .. . . .. .%&' %&' %&' %&' /A.L. GEHLOT) %( ) /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !'# !'# !'# !'# /VICE-PRESIDENT