ACIT, Alwar V. AKASH TECHNOLOGIES LTD., Alwar

ITA 682/JPR/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5408 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 19-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROSHANTA KUMARI MEENAJCIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOE FLAG ;KNO] YS[KK LNL; ,OA YFYR DQEKJ] U;KF ;D LNL; DS LE{K BEFORE: SHRI VIKRAM SINGH YADAV, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NO.682/JP/15 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 THE ACIT, CIRCLE-2, JAIPUR CUKE VS. M/S AKSH TECHNOLOGIES LTD., F-1080 RIICO INDL. AREA, BHIWADI, ALWAR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAGCA 9667 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE ATTENDED JKTLO DH VKSJ LS@ REVENUE BY : ROSHANTA KUMARI MEENA(JCIT), LQUOKBZ DH RKJH[K@ DATE OF HEARING : 07/04/2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 18 /04/2016 VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) ALWAR DATED 30.06.2015 WHEREIN THE REVENUE HAS TAKEN FOLL OWING GROUND OF APPEAL: THAT THE LD. CIT(A) HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING ADDITION OF R S. 32,25,786/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DISALLOWANCE OF EXP ENDITURE U/S 36(1)(VA) R.W.S. 2(24)(X) OF THE IT ACT. 1961. 2. NONE APPEARED ON BEHALF OF THE APPELLANT. THE M ATTER IS ACCORDINGLY DECIDED BASED ON MERIT AND MATERIAL AVAILABLE ON RE CORD. 3. THE DISALLOWANCE UNDER DISPUTE RELATES TO EMPLOY EES CONTRIBUTION TO PF AND ESI. THE LD. CIT(A) HAS GIVEN THE FINDING THAT THE PAYMENTS OF ESI & PF WERE MADE BEFORE THE DUE DATE OF FILING OF INCOME T AX RETURN. IN LIGHT OF DECISION OF HONBLE RAJASTHAN HIGH COURT IN THE CAS E OF CIT VS. STATE BANK OF ITA NO. 682/JP/15 ACIT, CIRCLE-2, ALWAR VS. M/S AKSH TECHNOLOGIES LTD 2 BIKANER AND JAIPUR 360 ITR 70, WE FIND NO INFIRMITY IN THE DECISION OF LD CIT(A) WHICH IS HEREBY CONFIRMED. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/0 4/2016. SD/- SD/- (LALIET KUMAR) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 18/ 04/2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S AKSH TECHNOLOGIES LTD., ALWAR 2. THE RESPONDENT- THE ACIT, CIRCLE-2, ALWAR 3. THE CIT(A) - ALWAR 4. THE CIT-ALWAR 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 682 /JP/15) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR