M & B Engineering Pvt. Ltd., Ahmedabad V. The Jt.CIT, Range-4, Ahmedabad

ITA 716/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7952 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 30-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VILAS SHINDE
• Assessee Lawyers: DEEP SHAH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , , BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO.716/AHD/2015 ( / ASSESSMENT YEAR : 2011-12) M & B ENGINEERING LTD. M B HOUSE 51, CHANDRODAY SOCIETY OPP. GOLDER TEMPLE STADIUM ROAD, AHMEDABAD / VS. THE JOINT CIT RANGE-4 AHMEDABAD # ./ ./ PAN/GIR NO. : AAACM 70930 Q ( #% / APPELLANT ) .. ( &#% / RESPONDENT ) #%' / APPELLANT BY : SHRI DEEP SHAH, A.R. &#%(' / RESPONDENT BY : SHRI VILAS SHINDE, SR.DR )*(+ / DATE OF HEARING 18/12/2017 ,-./(+ / DATE OF PRONOUNCEMENT 20 /12/2017 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTA NCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX(APPEALS)-VIII, AHMEDABAD [CIT(A) IN SHORT] DATED 28/01/2015 ARISING IN THE MATTER OF ASSESSMENT ORDER PASSED UNDER S.14 3(3) OF THE ITA NO.716/AHD/ 2015 M & B ENGINEERING LTD. VS. JT.CIT ASST.YEAR 2011-12 - 2 - INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'T HE ACT') DATED 14/02/2014 RELEVANT TO ASSESSMENT YEAR (AY) 2011-12 . 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE RELATES TO DISALLOWANCE OF RS.3,65,817/- ON ACCOUNT OF CONTRIBUTION TO EMPLOY EES PROVIDENT FUND BY THE EMPLOYER ASSESSEE. 3. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. AR FOR THE ASSESSEE TRIED TO DEMONSTRATE THAT AFORESAID CONTRI BUTION BY THE EMPLOYER ASSESSEE ON ACCOUNT OF EMPLOYEES PROVIDENT FUND SH OULD NOT BE DISALLOWED ON THE GROUND THAT DEDUCTION UNDER S.36( 1)(VA) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT' ) IS AVAILABLE WITHOUT ANY FETTERS NOTWITHSTANDING THE FACT THAT EMPLOYEES CONTRIBUTION TOWARDS PF HAS BEEN DEPOSITED AFTER DUE DATE PRESCRIBED UND ER THE RELEVANT ACT. THE EXPENSE IS ALLOWABLE OWING TO THE FACT THAT THE SAME HAS BEEN DEPOSITED BEFORE THE DUE DATE OF FILING OF RETURN O F INCOME UNDER INCOME TAX ACT, 1961. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS ON THE ISSUE . WE STRAIGHTAWAY NOTICE THE PLEA ON BEHALF OF THE REVE NUE THAT THE ISSUE IS SQUARELY COVERED AGAINST THE ASSESSEE BY THE DECISI ON OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF GUJARAT ST ATE ROAD TRANSPORT CORPORATION (2014) 41 TAXMANN.COM 100 (GUJ.). WE H OWEVER ALSO TAKE ITA NO.716/AHD/ 2015 M & B ENGINEERING LTD. VS. JT.CIT ASST.YEAR 2011-12 - 3 - NOTE OF THE PLEA ON BEHALF OF THE ASSESSEE THAT SLP FILED AGAINST THE SAID DECISION HAS HOWEVER BEEN ADMITTED BY THE HONBLE S UPREME COURT. IN VIEW OF THE ADMITTED FACTS THAT THE DEPOSIT TOWARDS EMPLOYEES PF CONTRIBUTION HAS BEEN MADE AFTER THE DATES PRESCRIB ED UNDER THE RELEVANT ACT, WE DECLINE TO INTERFERE WITH THE ORDER OF THE CIT(A) IN PARITY WITH THE DECISION OF THE HONBLE GUJARAT HIGH COURT IN T HE CASE OF GSRTC CASE (SUPRA). 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. THIS ORDER PRONOUNCED IN OPEN COURT ON 20/ 12 /2017 SD/- SD/- () ( ) (RAJPAL YADAV) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 20 / 12 /2017 3..),.)../ T.C. NAIR, SR. PS !'#$%$' / COPY OF THE ORDER FORWARDED TO : 1. #% / THE APPELLANT 2. &#% / THE RESPONDENT. 3. 456+ 7+ / CONCERNED CIT 4. 7+ ( ) / THE CIT(A)-2, AHMEDABAD 5. 89:+)56 , 56/ , 4 / DR, ITAT, AHMEDABAD 6. :<* / GUARD FILE. / BY ORDER, &8++ //TRUE COPY// // / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD