Sri Navdurga Textile Proccessors Private Limited, Hyderabad V. Deputy Commissioner Of Income Tax, Circle-3(2), Hyderabad

ITA 714/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2890 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 29-09-2021
• Assessment Year: 2018-2019
• Appeal Filed On: 23-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHIKHA MANTRI
• Keywords: TDS
• Section: 43B; 143(1); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 714/HYD/2020 2018-19 SRI NAVDURGA TEXTILE PROCESSORS PVT. LTD., HYDERABAD [PAN: AADCS4002N] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(2), HYDERABAD 715/HYD/2020 2019-20 FOR ASSESSEE : SHRI SHIKHA MANTRI, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 29-09-2021 DATE OF PRONOUNCEMENT : 22-10-2021 O R D E R PER S.S.GODARA, J.M. : THESE ASSESSEES TWO APPEALS FOR AYS.2018-19 & 2019 -20 ARISE FROM THE CIT(A)-3, HYDERABADS ORDER DATED 21-0 9-2020 PASSED IN CASE NOS.10006 & 10032 / 2020-21 / C / CI T(A)-3, INVOLVING PROCEEDINGS U/S. 143(1) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE ASSESSEES INSTANT TWO APPEALS SUFFER FROM 03 DAYS DELAY STATED TO BE ATTRIBUTAB LE TO THE REASON(S) BEYOND ITS CONTROL AS PER CONDONATION PETITION/AFFIDAVIT. NO REBUTTAL HAS COME FROM THE DEPARTM ENTAL SIDE. THE IMPUGNED DELAY IS CONDONED THEREFORE. 3. COMING TO THE FORMER SUBSTANTIVE ISSUE RAISED HERE IN OF ESI/PF DISALLOWANCE OF RS.71,242/- AND RS.2,57,522/ - ASSESSMENT YEAR-WISE; RESPECTIVELY MADE IN BOTH THE LO WER ITA NOS. 714 & 715/HYD/2020 :- 2 -: PROCEEDINGS, THE ASSESSEES AND REVENUES PLEAS BEFORE US ARE THAT THE SAME HAS BEEN PAID BEFORE THE DUE DATE OF FILIN G SEC.139(1) RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE CORRESPONDING STATUTE(S); RESPECTIVELY. WE NOTICE IN TH IS FACTUAL BACKDROP THAT THE LEGISLATURE HAS NOT ONLY INCORPORATED NECESSARY AMENDMENT IN SECTIONS 36(1)(VA) AS WELL A S U/S. 43B VIDE FINANCE ACT, 2021 TO THIS EFFECT BUT ALSO THE C BDT HAS ISSUED MEMORANDUM OF EXPLANATION THAT THE SAME APP LIES W.E.F. 01-04-2021 ONLY. IT IS FURTHER NOT AN ISSUE THAT THE FOREGOING LEGISLATIVE AMENDMENTS HAVE PROPOSED EMPLO YERS 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 WITH PROSPECTIVE EFFECT FROM 01-04-2021 ON LY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTAINABLE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE IMPUGNED ESI/PF DISALLOWANCE IS DELETED IN BOTH THESE ASSESSMENT YEARS THEREFORE. THE ASSESSEES IDENTICAL LATTER GROUND OF SHORT CREDI T OF TDS CREDIT OF RS.88,926/- AND RS.88,099/-; RESPECTIV ELY IS RESTORED TO THE ASSESSING AUTHORITY FOR NECESSARY VERIF ICATION. 4. NO OTHER GROUND HAS BEEN PRESSED BEFORE US. 5. THESE TWO ASSESSEES APPEALS ARE ALLOWED IN ABOV E TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTI VE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 22-10-2021 TNMM ITA NOS. 714 & 715/HYD/2020 :- 3 -: COPY TO : 1.SRI NAVDURGA TEXTILE PROCESSORS PVT. LIMITED, 21- 1- 727/728, SHOP NO.208/A, B.G.MARKET, RIKAB GUNJ, HYDERABAD. 2.THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(2 ), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.