Kerala State Electronics Dev Corpn Ltd, Trivandrum V. The ACIT, Trivandrum

ITA 688/COCH/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3198 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-03-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 02-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRITUNJAYA SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM ITA NO. 688 /COCH/201 9 : ASST.YEAR 20 1 0 - 20 11 M/S. KERALA STATE ELECTRONICS DEV. CORPORATION LIMITED C/O.VARMA & VARMA, CAS E - 3,SAHASRARAM, ELANKOM GARDENS, SASTHAMANGALAM THIRUVANANTHAPURAM PIN 695010 PAN : AABCK1319E . VS. THE ASST .COMMISSIONER OF INCOME - TAX, CIRCLE 1(1) THIRUVANANTHAPURAM. (APPELLANT) (RESPONDENT) APPELLANT BY : MS.ROHINI THAMPY, CA RESPONDENT BY : SRI.MRITUNJAYA SHARMA, SR.DR DATE OF HEARING : 10 .03.2020 DATE OF PRONOUNCEMENT : 10 .03. 20 20 O R D E R PER GEORGE GEORGE K, JM : THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) , DATED 23.08.2019 . THE RELEVANT ASSESSMENT YEAR IS 2010 - 2011. 2 . THE SOLITARY ISSUE RAISED IN THIS APPEAL IS WHETHER THE CIT(A) ERRED IN CONFIRMING THE DISALLOWANCE OF EMPLOYEES CONTRIBUTION TO PF / ESI U/S 36(1)(VA) OF THE I.T.ACT ON THE GROUND THAT THE ABOVE AMOUNTS HA VE BEEN REMITTED BEYOND THE DUE DATE PRESCRIBED UNDER THE RESPECTIVE ACTS. 3 . AT THE VERY OUTSET, WE NOTICED THAT THE ISSUE RAISED IN TH I S APPEAL IS COVERED AGAINST THE ASSESSEE BY THE JUDGMENTS OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. MERCHEM LIMITED [(2015) 378 ITR 443 (KER.)], AND POPULAR ITA NO. 688 / COCH /201 9 M/S. KERALA STATE ELECTRONICS DEV. CORPN LTD . 2 VEHICLES & SERVICES PRIVATE LIMITED V. CIT [(2018) 406 ITR 150 (KER.)], WHEREIN IT HAS BEEN CLEARLY SAID THAT THE EMPLOYEES CONTRIBUTION TO PF AND ESI PAID BEYOND THE DUE DATE PRESCRIBED UNDER T HE RESPECTIVE ACTS COULD NOT BE ELIGIBLE FOR DEDUCTION U/S 36(1)(VA) OF THE I.T.ACT. IN VIEW OF THE JUDGMENTS OF THE HONBLE JURISDICTIONAL HIGH COURT CITED SUPRA, WE HOLD THAT THE CIT(A) IS JUSTIFIED IN CONFIRMING THE A.O.S ORDER , WHEREIN THERE WAS DISAL LOWANCE OF EMPLOYEES CONTRIBUTION TO PF / ESI U/S 36(1)(VA) OF THE I.T.ACT ON THE GROUND THAT THE ABOVE AMOUNTS WERE REMITTED BEYOND THE DUE DATE PRESCRIBED UNDER THE RESPECTIVE ACTS. IT IS ORDERED ACCORDINGLY. 4 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS 10 TH DAY OF MARCH, 2020 . SD/ - SD/ - (CHANDRA POOJARI) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 10 TH MARCH, 2020 . DEV A DAS G * COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (A), THIRUVANANTHAPURAM. 4. THE PR.CIT, THIRUVANANTHAPURAM. 5. DR, ITAT, COCHIN 6. GUARD FILE.