Sri Annapyrna Roller Flour Mill, Hyderabad V. Income Tax Officer, Hyderabad

ITA 693/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7703 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 18-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N ESTHER
• Assessee Lawyers: SHIKA MANTRI; SIDHARTH MANTRI
• Section: 201; 139(1); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO. 693 /HYD./20 20 ASSESSMENT YEAR: 201 8 - 19 SHRI AN NAPURNA ROLLER FLOUR MILL VS. ITO, WARD 7(1 ) HYDERABAD HYDERABAD [PAN: AAHFS0817N ] (APPELLANT) (RESPOND ENT) FOR ASSESSEE : MS. SHIKA MANTRI AND SHRI SIDHARTH MANTRI, AR FOR REVENUE : S MT. N. ESTHER, D.R. DATE OF HEARING : 2 4 /0 3 /2021 DATE OF PRONOUNCEMENT : 30 /0 3 /2021 O R D E R TH IS ASSESSEES APPEAL FOR A.Y. 2018 - 19 ARISE S AGAINST THE C OMMISSIONER OF INCOME TAX (APPEAL S) - 3 [CIT(A)] HYDERABAD S ORDER DATED 10.09.2020 PASSED IN CASE NO. 11126 /2019 - 20 IN PROCEEDINGS U/S 154 OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO THE SOLE ISSUE RAISED IN THE INSTANT LIS IN RESPECT OF ESI PF DEDUCTION OF RS. 3,62,535/ - IN VOLVING RS. 3,48,811 AND RS 13,724/ - ; RESPECTIVELY, NOT DEPOSITED WITHIN DUE DATE AS CONTEMPLATED UNDER EPF AND MISC. PROVISIONS ACT, 1952 AND ESI A CT, 1948 ; RESPECTIVELY , BUT BEFORE THE DUE DATE OF FILING RETURN U/S 139(1) OF THE ACT, I NOTICE THAT THE LEARNED LOWER AUTHORITIES HAVE INVOKED SEC.154 JURISDICTION. LEARNED DEPARTMENTAL ITA NO. 693 /HYD/ 2020 AY 2018 - 19 SRI ANNAPURNA ROLLER FLOUR MILL , HYD. 2 REPRESENTATIVE FAILS TO DISPUTE THAT HONBLE HIGH COURTS HAVE ADOPTED VARYING OPINIONS REGARDING CORRECTNESS OF THE IMPUGNED CLAIM. TAKE FOR INSTANCE THE CASE LAW AGAINST THE ASSESSEE I.E. CIT VS G UJARAT STATE ROAD TRANSPORT CORPORATION (2014) 366 ITR 170 (GUJ.) AND IN FAVOUR OF ASSESSEE CIT VS. AIMIL LTD. 229 CTR 118 (2 010) (DEL) BIHAR STATE WAREHOUSING CORPN VS CIT 38 ITR 140 (PAT). IT IS THUS CLEAR THAT THE IMPUGNED DISALLOWANCE ISSUE HAS BEEN WRONGLY RAISED BY THE A SSESSING O FFICER IN SEC.154 PROCEEDINGS ON A DEBATABLE ISSUE AS PER TS BALRAM VS. VO L KART BROTHERS (1971) 82 ITR 50 (SC). I THEREFORE ACCEPT ASSESSEES SOLE SUBSTANTIVE GROUND FOR THIS REASON ALONE. DELAY OF 1 DAY IN FILING OF THE INSTANT APPEAL IS CONDONED. THIS ASSESS EES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 30 /0 3 /2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER DATED: 30 TH MARCH, 2021 GMV COPY OF ORDER FORWARDED TO: 1. SHRI A N NAPURNA ROLLER FLOUR MILL, 7 - 4 - 96/1, GAGANPAHAD, HYDERABAD , TELANGANA 500 0 5 2. 2. ITO, WARD 7(1), HYDERABAD 3. ACIT, RANGE 7, HYDERABAD 4. CIT(A) - 4 , HYDERABAD. 5. PR.CIT - 4 , HYDERABAD 6 D.R. ITAT HYDERABAD 7. GUARD FILE