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

ITA 713/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2935 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2019-2020
• Appeal Filed On: 23-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: SHIKHA MANTRI ARS
• Section: 43B; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO.713/HYD/2020 ASSESSMENT YEAR: 2019-20 SRI ANNAPURNA ROLLER FLOUR MILL, HYDERABAD [PAN: AAHFS0817N] VS INCOME TAX OFFICER, WARD-7(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI SIDDHARTH MANTRI & SHRI SHIKHA MANTRI, ARS FOR REVENUE : SMT.N.SWAPNA, DR DATE OF HEARING : 09-09-2021 DATE OF PRONOUNCEMENT : 25-10-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2019-20 ARISES FROM TH E CIT(A)-3, HYDERABADS ORDER DATED 21-09-2020 PASSED IN CASE NO.10073 / 2020-21 / C / CIT(A)-3, INVOLVING PROCEE DINGS U/S. 143(1) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] . HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO THE ASSESSEES SOLE SUBSTANTIVE ISSUE RAI SED HEREIN OF SECTION 36(1)(VA) ESI/PF DISALLOWANCE OF RS.3,63,998/- MADE IN BOTH THE LOWER PROCEEDINGS, THE ASSESSEES AND REVENUES PLEAS BEFORE US ARE THAT THE SAME ITA NO. 713/HYD/2020 :- 2 -: HAS BEEN PAID BEFORE THE DUE DATE OF FILING SEC.139( 1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE CORRESPONDING STATUTE(S); RESPECTIVELY. WE NOTICE IN THIS FACTUAL BAC KDROP THAT THE LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AMENDMENT IN SECTIONS 36(1)(VA) AS WELL AS U/S. 43B VIDE FINANCE ACT, 2021 TO THIS EFFECT BUT ALSO THE CBDT HAS ISSUED MEMORANDUM OF EXPLANATION THAT THE SAME APPLIES W.E.F. 01- 04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOREG OING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLOYERS CONTRIBUTION/DISALLOWANCE U/S.43B AS AGAINST EMPLOYEE S CONTRIBUTION U/S.36(VA) OF THE ACT; RESPECTIVELY. HOWEVE R, KEEPING IN MIND THE FACT THAT THE SAME HAS BEEN CLARIFIE D TO BE APPLICABLE ONLY WITH PROSPECTIVE EFFECT FROM 01-04-20 21 ONLY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTAINAB LE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE IMPUGNED ES I/PF DISALLOWANCE IS DELETED THEREFORE. NO OTHER GROUND HAS BEEN PRESSED BEFORE US. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH OCTOBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 25-10-2021 TNMM ITA NO. 713/HYD/2020 :- 3 -: COPY TO : 1.SRI ANNAPURNA ROLLER FLOUR MILL, 7-4-96/1, SURVEY NO.246, GAGANPAHAD, HYDERABAD. 2.INCOME TAX OFFICER, WARD-7(1), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.