S.M.Apparels Pvt Ltd., CHENNAI V. ACIT Company Circle VI(1), CHENNAI

ITA 682/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9035 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANATH KUMAR RAHA
• Assessee Lawyers: S SEETHARAMAN
• Keywords: Set aside

Judgement Text

, / , IN THE INCOME TAX APPELLATE TRIBUNAL C SMC BENCH, CHENNAI ... , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER ./ ITA NO.682/CHNY/2019 ' #$' / ASSESSMENT YEAR : 2008-09 M/S S.M. APPARELS PVT. LTD., NO.16, KALAIMAGAL NAGAR, 2 ND STREET, EKKADUTHANGAL, CHENNAI - 600 097. PAN : AAFCS 2097 B V. THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE VI(1), CHENNAI - 600 034. (&'/ APPELLANT) (()&'/ RESPONDENT) &' * + / APPELLANT BY : SHRI S. SEETHARAMAN, CA ()&' * + / RESPONDENT BY : SHRI SANATH KUMAR RAHA, JCIT , # * -. / DATE OF HEARING :04.07.2019 /0$ * -. / DATE OF PRONOUNCEMENT : 09.07.2019 / O R D E R THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -16, CHENN AI, DATED 22.01.2019 AND PERTAINS TO ASSESSMENT YEAR 2008-09. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DISAL LOWANCE OF EMPLOYEES CONTRIBUTION TO THE PROVIDENT FUND AND E SI. 2 I.T.A. NO.682/CHNY/19 3. HAVING HEARD THE LD. REPRESENTATIVE FOR THE ASSE SSEE AND THE LD. DEPARTMENTAL REPRESENTATIVE, THIS TRIBUNAL FINDS THAT THERE IS NO DISPUTE THAT THE ENTIRE PAYMENT OF EMPLOYEES CONTRIBUTION WAS MADE BEFORE THE DATE OF FILING OF RETURN OF INCOME UNDER SECTION 139(1) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE A CT'). IN FACT, MAJORITY OF PAYMENT WAS MADE BEFORE THE DUE DATE PR ESCRIBED UNDER THE RELEVANT STATUTES. FEW PAYMENTS WERE MAD E WITH A DELAY OF TWO OR THREE DAYS AS PRESCRIBED UNDER THE RELEVA NT STATUTES. IN VIEW OF THE JUDGMENT OF MADRAS HIGH COURT IN CIT V. INDUSTRIAL SECURITY AND INTELLIGENCE INDIA (P.) LTD. IN TC(A). NO.585 & 586 OF 2015, THE PAYMENT MADE BEFORE THE FILING OF RETURN OF INCOME UNDER SECTION 139(1) OF THE ACT HAS TO BE ALLOWED. THERE FORE, THIS TRIBUNAL IS UNABLE TO UPHOLD THE ORDERS OF THE AUTH ORITIES BELOW. ACCORDINGLY, ORDERS OF BOTH THE AUTHORITIES BELOW A RE SET ASIDE AND THE ASSESSING OFFICER IS DIRECTED TO ALLOW THE PAYM ENT MADE BY THE ASSESSEE TOWARDS EMPLOYEES CONTRIBUTION TO PROVIDE NT FUND AND ESI BEFORE FILING OF RETURN OF INCOME UNDER SECTION 139(1) OF THE ACT. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. 3 I.T.A. NO.682/CHNY/19 ORDER PRONOUNCED IN THE COURT ON 9 TH JULY, 2019 AT CHENNAI. SD/- ( ... ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, 2 /DATED, THE 9 TH JULY, 2019 KRI. * (-34 54$- /COPY TO: 1. &' /APPELLANT 2. ()&' /RESPONDENT 3. , 6- () /CIT(A)-16, CHENNAI-34 4. PRINCIPAL CIT-6, CHENNAI-34 5. 4#7 (- /DR 6. 8' 9 /GF.