Amar Plyfils Pvt. Ltd., Porbandar V. The Deputy Commissioner Of Income Tax, Cir-2, , Jamnagar

ITA 83/RJT/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1483 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-09-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 28-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Retrospective amendment
• Section: 143(3); 37(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted Through Virtual Court) Before: Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Amar Polyfils Pvt. Ltd. Survey No. 258/2, Chhaya National Highway, Opp. Airport, Porbander PAN No: AABCA8210E (Appellant) Vs D.C.I.T., Circle-2, Jamnagar (Respondent) Appellant by : None Respondent by : Shri B.D. Gupta, Sr.D.R. Date of hearing : 22-09-2022 Date of pronouncement : 07-10-2022 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee against the order dated 18.01.2017 passed by the Commissioner of Income Tax (Appeals), Jamnagar as against the assessment order passed u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2014-15. ITA No. 83/Rjt/2018 Assessment Year 2014-15 I.T.A No. 83/Rjt/2018 A.Y. 2014-15 Page No Amar Polyfils P. Ltd. vs. DCIT 2 2. The solitary ground raised by the assessee is the Assessing Officer erred in disallowing claim of Education Cess and Secondary and Higher Secondary Cess as allowable expenses u/s. 37(1) of the Act r.w.s. 43AB of the Act. 3. None appeared on behalf of the assessee. However we find that this issue is being settled by the retrospective amendment by the Finance Act, 2022 which inserted an Explanation-3 to Section 40a(ii) of the Act, which clarifies that Education Cess is not an allowable expenditure while computing profits and gains from business or profession. This being the retrospective amendment which is applicable for the assessment year 2014-05 also, therefore the Grounds raised by the Assessee is hereby rejected and the appeal filed by the assessee is dismissed. 4. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 07-10-2022 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 07/10/2022 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, राजकोट