ITO, Kota V. THE KOTA CENTRAL CO-OPERATIVE BANK LTD., Kota

ITA 715/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99543 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DR DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA-@ ITA NO. 715/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 THE ITO WARD- 2(2), KOTA CUKE VS. THE KOTA CENTRAL COOPERATIVE BANK LTD. RAMPURA BAZAR, KOTA LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAAAT 6597 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT C.O. NO.53/JP/2015 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 715/JP/2013) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 THE KOTA CENTRAL COOPERATIVE BANK LTD. RAMPURA BAZAR, KOTA CUKE VS. THE ITO WARD- 2(2)KOTA LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAAAT 6597 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE. JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT -DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 30/11/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 30/11/2015 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS REVENUE APPEAL AND ASSESSEES C.O ARISING FROM THE ORDER OF LD. CIT(A), KOTA, DATED 26-613 FOR AY 2010-11. ITA NO. 715/JP/2013 ITO WARD- 2(2) KOTA VS. THE KOTA CENTRAL COOPERATI VE BANK LTD. 2 2.1 REVENUE HAS RAISED A SOLE GROUND CHALLENGING TH E LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 1,66,65,645/- ON ACCOUNT OF PF PAYABLE. 2.2 ASSESSEES CO THOUGH RAISES VARIOUS ISSUES BUT AS A WHOLE IS IN SUPPORT OF THE ORDER OF LD. CIT(A). 2.3 NONE APPEARED FOR THE ASSESSEE, THEREFORE THE A PPEAL IS DECIDED AFTER HEARING LD. DR AND PERUSING THE MATERIAL AVAI LABLE ON RECORD. 2.4 ASSESSEES CO IS FILED LATE BY 89 DAYS AND NO C ONDONATION APPLICATION IS FILED. BESIDES IT IS ACADEMIC AS ONL Y IN SUPPORT OF THE ORDER OF LD. CIT(A). IN VIEW THEREOF THE SAME IS DISMISSE D AS NON MAINTAINABLE AND ACADEMIC. 2.5 APROPOS REVENUES APPEAL, LD. CIT(A) BY A DETA ILED ORDER HAS HELD THAT THE BANK HAS NOT CLAIMED ANY AMOUNT OF SALARY AS EXPENDITURE SINCE THE CONCERNED EMPLOYEES ARE NOT EMPLOYED BY IT. THE PF IN QUESTION IS ALSO NOT CLAIMED BY THE BANK. THERE ARE MANY PRIMA RY AGRICULTURE CREDIT SOCIETIES AND GRAM SEVA SAHKARI SAMITIS WHICH COME UNDER THE JURISDICTION OF ASSESSEE DISTRICT CENTRAL BANK. THE PF OF STAFF DEDUCTED BY THESE PRIMARY AGRICULTURE CREDIT SOCIETIES AND GRA M SEVA SAHKARI SAMITIS WAS DEPOSITED WITH ASSESSEE. BY ACCOUNTING NOMENCLATURE THESE ITA NO. 715/JP/2013 ITO WARD- 2(2) KOTA VS. THE KOTA CENTRAL COOPERATI VE BANK LTD. 3 AMOUNTS WERE ENTERED AS PAYABLE IN ITS BOOK. THIS E NTRY WAS MISTAKEN BY THE LD. AO AS IF IT WAS THE PF AMOUNT REMAINING PAY ABLE BY THE ASSESSEE AND DISALLOWED THE SAME WITHOUT APPRECIATING THAT T HEY WERE NOT COVERED AT ALL U/S 43B. 2.6 AFTER HEARING THE LD. DR AND APPRECIATING THE F ACTS AND DETAILED OBSERVATIONS OF LD. CIT(A) IN THIS BEHALF, WE FIND NO INFIRMITY IN THE ORDER. CONSEQUENTLY WE UPHOLD THE ORDER OF LD. CIT( A). 3.0 IN THE RESULT REVENUE APPEAL AS WELL AS ASSESSE ES CO, BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30/11/20 15. SD/- SD/- FOE FLAG ;KNO VKJ-IH-RKSYKUH (VIKRAM SINGH YADAV) (R.P.TOLANI) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 30 /11/ 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ITO, WARD- 2 (2), KOTA 2. IZR;FKHZ@ THE RESPONDENT- THE KOTA CENTRAL COOPERATIVE BANK LTD. RAMPURA BAZAR, KOTA 3. VK;DJ VK;QDRVIHY ) @ CIT(A) 4. VK;DJ VK;QDR@ CIT 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.715/JP/2013) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR