Sree Sai Roller Flour Mill Private Limited, Hyderabad V. Deputy Commissioner OF Income Tax Central Circle3-(2), Hyderabad

ITA 734/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3933 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 30-09-2021
• Assessment Year: 2018-2019
• Appeal Filed On: 27-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHIKHA MANTRI
• Section: 43B; 139(1); 154

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 I.T.A. NO.734/HYD/2020 ASSESSMENT YEAR: 2018-19 SREE SAI ROLLER FLOUR MILL PRIVATE LIMITED, HYDERABAD [PAN: AAECS1629J] VS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(2), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI SHIKHA MANTRI, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 30-09-2021 DATE OF PRONOUNCEMENT : 08-10-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2018-19 ARISES FROM TH E CIT(A)-3, HYDERABADS ORDER DATED 21-09-2020 PASSED IN CASE NO.10030 / 2020-21 / C / CIT(A)-3, INVOLVING PROCEE DINGS U/S. 154 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RAISED I N THE INSTANT APPEAL CHALLENGES CORRECTNESS OF ESI/PF DISALL OWANCE OF RS.1,52,684/- MADE IN BOTH THE LOWER PROCEEDINGS. THE ASSESSEES AND REVENUES PLEAS BEFORE US INTER ALIA ARE THAT THE SAME HAS BEEN PAID BEFORE THE DUE DATE OF FILING SEC. 139(1) ITA NO. 734/HYD/2020 :- 2 -: RETURN AND AFTER THE DUE DATE PRESCRIBED IN THE CORRES PONDING 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 FORE GOING 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 01-04-2 021 ONLY, WE HOLD THAT THE IMPUGNED DISALLOWANCE IS NOT SUSTAINAB LE IN VIEW OF ALL THESE LATEST DEVELOPMENTS. THE SAME IS DELE TED 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 8 TH OCTOBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 08-10-2021 TNMM ITA NO. 734/HYD/2020 :- 3 -: COPY TO : 1.SREE SAI ROLLER FLOUR MILL PRIVATE LIMITED, SURVE Y NO.656, SHAMSHABAD MANDAL, GAGANPAHAD, 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.