DCIT 10(2)(1), MUMBAI V. JORD ENGINEERS INDIA LTD, MUMBAI

ITA 723/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1702 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 02-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK JOHRI
• Assessee Lawyers: RAVIKANTH PATHAK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J, MUMBAI BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, JUDICIAL MEMBER / ITA NO.723/M/2015 ( / ASSESSMENT YEAR: 2011-12) DY. CIT-10(2)(1), R.NO.216-A, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 / VS. M/S. JORD ENGINEERS INDIA LTD., 504, VISHWANANAK, CHAKALA, ANDHERI (E), MUMBAI 400 099 PAN: AAACJ2871P ( / APPELLANT) ( /RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RAVIKANTH PATHAK, A.R. REVENUE BY : SHRI ALOK JOHRI, D.R. / DATE OF HEARING : 14.09.2016 / DATE OF PRONOUNCEMENT : 30.11.2016 / O R D E R PER C.N. PRASAD, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX-17, MUMBAI (HEREINAFTER REFERRED TO AS THE CIT) DATED 18.11.2014 FOR THE ASSESSMENT YEAR 2011-12. 2. THE ONLY ISSUE IN THE APPEAL OF THE REVENUE IS T HAT THE LD. CIT(A) ERRED IN DELETING THE DISALLOWANCE ON ACCOUNT OF DELAYED PAYMENT OF EMPLOYEES CONTRIBUTION TO PROVIDENT FUND AND ESIC EVEN THOUGH THEY WERE MADE BEYOND THE PRESCRIBED DUE DATES. ITA NO.723/M/2015 M/S. JORD ENGINEERS INDIA LTD. 2 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITS THAT THE ISSUE IN APPEAL IS SQUARELY COVERED BY THE DECISION OF THE H ONBLE SUPREME COURT IN THE CASE OF CIT VS. ALOM EXTRUSIONS LTD. [319 ITR 306]. HE ALSO SUBMITS THAT THIS ISSUE IS COVERED BY EVEN THE JURISDICTIONAL HIGH CO URT IN THE CASE OF CIT VS. HINDUSTAN ORGANIC CHEMICALS LTD. IN IT APPEAL NO.39 9 OF 2012 WHEREIN IT WAS HELD THAT EMPLOYEES CONTRIBUTION TO PROVIDENT FUND PAID BEFORE THE DUE DATE FOR FILING OF RETURN OF INCOME SHALL BE ALLOWE D AS DEDUCTABLE REVENUE EXPENSE. HE ALSO FURTHER SUBMITS THAT SIMILAR VIEW HAS BEEN TAKEN IN THE CASE OF CIT VS. GHATGE PATILS TRANSPORT LTD. IN ITA NO.1 102 OF 2012 AND 1034 OF 2012. 4. THE LD. D.R. PLACES RELIANCE ON THE ORDER OF THE ASSESSING OFFICER. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. THIS IS A CASE WHERE THE ASSESS EE HAS REMITTED PF & ESI CONTRIBUTIONS BELATEDLY BUT BEFORE THE DUE DATE OF FILING OF RETURN OF INCOME AND THIS ISSUE IS DECIDED IN FAVOUR OF THE ASSESSEE BY THE JURISDICTIONAL HIGH COURT FOLLOWED BY WHICH THE LD. CIT(A) DELETED THE DISALL OWANCE. HENCE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE LD. C IT(A). 6. REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2016. SD/- SD/- ( / RAJENDRA) ( / C.N. PRASAD) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /MUMBAI ; / DATED 30. 11.2016 * KISHORE ITA NO.723/M/2015 M/S. JORD ENGINEERS INDIA LTD. 3 /COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED TO TOTO TO : :: : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) - 4. / CIT 5. / DR, ITAT, MUMBAI 6. / GUARD FILE. / // / BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI