AI Insights
The case involves a Miscellaneous Application filed by the Revenue seeking rectification of a Tribunal order concerning the late payment of Employees' Contributions to PF/ESI by the assessee, M/s. Sree Lakshmi Venkateswara Spinning Mills (P) Ltd. Initially, the Tribunal's decision was in favor of the assessee, but upon the Revenue's application and reference to the Supreme Court's decision in Checkmate Services P. Ltd. Vs CIT, the Tribunal modified its order. The Tribunal held that there was a mistake apparent from the record under section 254(2) of the Income Tax Act, and thus, the Revenue's application was allowed, modifying the earlier order to decide the issue against the assessee.
Appeal details
Counselvise Citation
[2023] 140 COUNSELVISE.COM (IT) 134081 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
9 month(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
30-07-2023
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
A
Next Hearing Date
18-05-2023
Assessment Year
2018-2019
Appeal Filed On
30-10-2022
Judgement Text
आयकर अपीलीय अिधकरण “ए” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय ी महावीर िसंह, उपा ! एवं माननीय ी मनोज कुमार अ%वाल ,लेखा सद( के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM M. A. No.196/Chny/2022 [In ITA No.37/Chny/2022] (िनधा@रण वष@ / Assessment Year: 2018-19) DCIT Tirupur. बनाम/ V s . M/s. Sree Lakshmi Venkateswara Spinning Mills (P)Ltd S.F. No.2, Karadivavi Palladam-641 664. थायीलेखासं./जीआइआरसं./PAN/GIR No. AACCS-7041-L (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri AR.V.Sreenivasan (Addl.CIT)- Ld.DR थ कीओरसे/Respondent by : Shri Suraj Nahar (CA)-Ld .AR सुनवाईकीतारीख/Date of Hearing : 19-05-2023 घोषणाकीतारीख/Date of Pronouncement : 31-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. By way of captioned Miscellaneous Application, the Revenue seeks our indulgence in Tribunal order passed in captioned appeal on 11.04.2022. The revenue has filed similar applications in bunch of appeals seeking restoration / rectification of order on identical grounds. All these applications were heard together and opportunity was given to 2 learned authorized representatives of all the assessees to meet out the applications filed by the revenue. The captioned application was also heard along with that bunch. It was admitted position that the adjudication in lead applications would apply to all the other similar applications filed by the revenue. The lead order has now been passed by the bench in MA Nos. 97/Chny/2022 & 11/Chny/2023 on 31.07.2023 wherein the applications of revenue has been allowed and the issue, on merits, has been decided against the assessee considering the decision of Hon’ble Supreme Court in the case of Checkmate Services P. Ltd. Vs CIT (143 Taxmann.com 178; dated 12.10.2022). After considering the rival submissions, the Bench held that there was mistake apparent from record in terms of section 254(2) and therefore, the Revenue’s applications were to be allowed. The issue, on merits was decided against the assessee. It was also held that such an adjustment could very well be made while processing return of income u/s 143(1) as per decision in Electrical India (ITA No. 789/Chny/2022). 2. Accordingly, accepting the present application of the revenue, the captioned order stand modified and the impugned issue is decided against the assessee. The Ld. AO is directed to re-compute the income of the assessee by disallowing late payment of Employees’ Contribution to PF / ESI which have been deposited beyond due date as specified in respective welfare ESI / PF acts. The order of Tribunal stand modified accordingly. 3 3. The application stands allowed. Order pronounced on 31 st July, 2023. Sd/- (MAHAVIR SINGH) उपा ! /VICE PRESIDENT Sd/- (MANOJ KUMAR AGGARWAL) लेखासद( /ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated : 31-07-2023 DS आदेशकीTितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant2. यथ /Respondent 3.आयकरआय ु त/CIT 4. वभागीय त न ध/DR 5.गाड फाईल/GF
