Debendra Coldstorage Private Limited, Hooghly V. ACIT, Circle-23(1), Hooghly

ITA 880/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0577 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 23-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO. 880/KOL/2019 ASS ESSMENT YEAR: 2015-2016 DEBENDRA COLD STORAGE (P) LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA D BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A. NO. 880/KOL/2019 ASSESSMENT YEAR: 2015-2016 DEBENDRA COLD STORAGE (P) LIMITED,................. ......................APPELLANT PURSURAH, HOOGHLY-712401 [PAN: AABCD9003C] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. ..................RESPONDENT CIRCLE-23(1), HOOGHLY, RUPMATI MAHAL, KHADINA MORE, P.O. CHINSURA R.S., DIST. HOOGHLY-712102 APPEARANCES BY: SHRI S.M. SURANA, ADVOCATE, FOR THE APPELLANT SMT. RANU BISWAS, ADDL. CIT, D.R., FOR THE RESPONDE N T DATE OF CONCLUDING THE HEARING : JUNE 10, 2020 DATE OF PRONOUNCING THE ORDER : JUNE 10, 2020 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-6, KOLKATA DAT ED 09.01.2019 AND THE SOLITARY ISSUE INVOLVED THEREIN RELATES TO THE DISALLOWANCE OF RS.2,37,079/- MADE BY THE ASSESSING OFFICER AND CON FIRMED BY THE LD. CIT(APPEALS) ON ACCOUNT OF EXPENDITURE CLAIMED BY T HE ASSESSEE TOWARDS EMPLOYEES CONTRIBUTION ON ACCOUNT OF PROVIDENT FUND AND ESI. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH IS ENGAGED IN THE BUSINESS OF RUNNING A COLD STORAGE UNIT. THE RE TURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 26.09.2 015 DECLARING TOTAL INCOME AT NIL. DURING THE COURSE OF ASSESSMENT PR OCEEDINGS, IT WAS NOTICED BY THE ASSESSING OFFICER THAT THE ASSESSEE HAS CLAIMED ITA NO. 880/KOL/2019 ASS ESSMENT YEAR: 2015-2016 DEBENDRA COLD STORAGE (P) LIMITED 3 VERIFICATION BY THE ASSESSING OFFICER. WE FIND MERI T IN THIS CONTENTION OF THE LD. D.R. AND SINCE THE LD. COUNSEL FOR THE ASSE SSEE HAS ALSO NOT RAISED ANY OBJECTION FOR SENDING THE MATTER TO THE ASSESSI NG OFFICER FOR SUCH VERIFICATION, WE RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR THE LIMITED PURPOSE OF VERIFYING THE CLAIM OF THE A SSESSEE OF HAVING PAID THE EMPLOYEES CONTRIBUTION TOWARDS P.F. AND ESI FRO M ITS OWN ACCOUNT WITHOUT RECOVERING THE SAME FROM THE CONCERNED EMPL OYEES. IF THE CLAIM OF THE ASSESSEE IS FOUND TO BE CORRECT ON SUCH VERI FICATION, THE ASSESSING OFFICER SHALL ALLOW THE DEDUCTION TO THE ASSESSEE-C OMPANY ON ACCOUNT OF THE EMPLOYEES CONTRIBUTION TOWARDS P.F. AND ESI. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 10, 2020 . SD/- SD/- (SATBEER SINGH GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VIC E-PRESIDENT) KOLKATA, THE 10 TH DAY OF JUNE, 2020 COPIES TO : (1) M/S. DEBENDRA COLD STORAGE (P) LIMITED, PURSURAH, HOOGHLY-712401 (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-23(1), HOOGHLY, RUPMATI MAHAL, KHADINA MORE, P.O. CHINSURA R.S., DIST. HOOGHLY-712102 (3) COMMISSIONER OF INCOME TAX (APPEALS)-6, K OLKATA; (4) COMMISSIONER OF INCOME TAX- , KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.