SHRI KRISHANA MINES & MINERALS, Jaipur V. ACIT, Sikar

ITA 81/JPR/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2096 (ITAT-JAIPUR)
• Duration Of Justice: 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 25-01-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S L CHANDEL CIT DHK
• Assessee Lawyers: SATISH KUMAR GUPTA
• Section: 43B; 139

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 81/JP/17 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2013-14 M/S SHRI KRISHANA MINES & MINERALS, DOKEN, NEEM KA THANA, DISTT. SIKAR. CUKE VS. THE ACIT - CIRCLE, SIKAR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO.: ABXFS2067H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRHDH VKSJ LS@ ASSESSEE BY : SHRI SATISH KUMAR GUPTA (C.A.) JKTLO DH VKSJ LS@ REVENUE BY : SHRI S.L. CHANDEL (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 22/08/2017 ?KKS'K .KK DH R KJH[K @ DATE OF PRONOUNCEMENT: 23/08/2017. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)- III, JAIPUR DATED 13.10.2016 FOR A.Y. 2013-14 WHERE IN THE ASSESSEE HAS TAKEN FOLLOWING TWO GROUNDS OF APPEAL ARE AS UNDER:- 1. ON THE FACTS & CIRCUMSTANCES OF THE CASE & IN L AW ALSO LD LOWER AUTHORITIES GROSSLY ERRED IN MAKING AND CONFIRMING DISALLOWANCE OF RS. 49,94,275/- UNDER SECTION 43B OF THE ACT IGNORING T HE FACT THAT THE ALLEGED ENVIRONMENT MANAGEMENT FUND IS NOT GOING TO THE CREDIT OF GOVERNMENT AND NOT SPENT BY GOVERNMENT. 2. ON THE FACTS & CIRCUMSTANCES OF THE CASE & IN LA W ALSO LD LOWER AUTHORITIES GROSSLY ERRED IN MAKING AND CONFIRMING DISALLOWANCE OF RS. 19,77658/- IGNORING THE FACT THAT THE SAME HAS BEEN PAID BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME. ITA NO. 81/JP/17 M/S SHRI KRISHNA MINES & MINERALS VS. ACIT,SIKAR 2 2. AT THE OUTSET, THE LD AR SUBMITTED THAT HE DOES NOT WISH TO PRESS GROUND NO. 1. HENCE, THE SAME IS DISMISSED AS NOT P RESSED. 3. REGARDING GROUND NO. 2, THE ASSESSING OFFICER DI SALLOWED AN AMOUNT OF RS. 19,77,658/- TOWARDS ENVIRONMENT MANAGEMENT FUND STATING THAT THE SAME HAS BEEN PAID AFTER FILING THE RETURN OF INCOM E WHEREAS THE ASSESSEE WAS REQUIRED TO MAKE SUCH PAYMENT BEFORE FILING OF ITS RETURN OF INCOME. 4. THE LD. CIT(A) HAS GIVEN A FINDING THAT THE SAI D AMOUNT HAS BEEN PAID BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME BUT AT THE SAME TIME, SINCE IT HAS BEEN PAID AFTER THE ACTUAL DATE OF FILING TH E RETURN OF INCOME, DISALLOWANCE WAS SUSTAINED. 5. THE PROVISO TO SECTION 43B AS APPLICABLE AND INV OKED IN THE INSTANT CASE READS AS UNDER:- PROVIDED THAT NOTHING CONTAINED IN THIS SECTION SH ALL APPLY IN RELATION TO ANY SUM WHICH IS ACTUALLY PAID BY THE ASSESSEE ON O R BEFORE THE DUE DATE APPLICABLE IN HIS CASE FOR FURNISHING THE RETU RN OF INCOME UNDER SUB-SECTION (1) OF SECTION 139 IN RESPECT OF THE PR EVIOUS YEAR IN WHICH THE LIABILITY TO PAY SUCH SUM WAS INCURRED AS AFORE SAID AND THE EVIDENCE OF SUCH PAYMENT IS FURNISHED BY THE ASSESSEE ALONG WITH THE SUCH RETURN. 6. THE RETURN OF INCOME WAS E-FILED BY THE ASSESSEE ON 19.09.2013. THE SUBJECT AMOUNT OF RS. 19,77,658/- WAS DEPOSITED ON 25.09.2013 AND THE DUE DATE OF FILING THE RETURN OF INCOME FOR THE SUBJECT ASSESSMENT YEAR WAS 30.09.2013. IN THE INSTANT CASE, THE AMOUNT OF RS. 19,77,658/- HAS THUS BEEN DEPOSITED BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME WHICH IS IN DUE COMPLIANCE WITH THE ABOVE-REFERRED PROVISO TO SECTI ON 43B OF THE ACT. WE ACCORDINGLY DELETE THE SUBJECT DISALLOWANCE UNDER S ECTION 43B AND THE GROUND OF APPEAL TAKEN BY THE ASSESSEE IS ALLOWED. ITA NO. 81/JP/17 M/S SHRI KRISHNA MINES & MINERALS VS. ACIT,SIKAR 3 IN THE RESULT, THE APPEAL OF THE ASESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/08/2017 . SD/- SD/- DQY HKKJR FOE FLAG ;KNO (KUL BHARAT) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER SANTOSH* JAIPUR DATED:- 23/08/2017 VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT - M/S SHRI KRISHANA MINES & MINERALS, DOKEN, NEEM KA THANA,DISTT. SIKAR. 2. IZR;FKHZ@ THE RESPONDENT- THE ACIT-CIRCLE, SIKAR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 81/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR.