The State Bank of Saurashtra, Bhavnagar V. The Addl.CIT., BNR Range-1, Bhavnagar

MA 387/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4250 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 09-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C K MISHRA
• Assessee Lawyers: M G PATEL

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B, AHM EDABAD BEFORE S/ SHRI N.S.SAINI, A.M, & SHRI MAHAVIR SINGH, J.M. M.A.NO.387/AHD/2009 (ARISING OUT ITA NO.3945/ AHD/2008 ASST.YEAR.2006-07 STATE BANK OF SAURASHTRA (NOW MERGED WITH STATE BANK OF INDIA), H.O. NILAMBAUG, BHAVNAGAR PAN NO.AACCS9880R VS. THE ADDL. COMMISSIONER OF INCOME-TAX, BHAVNAGAR RANGE-1, BHAVNAGAR (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI M.G.PATEL, AR RESPONDENT BY: SH RI C.K. MISHRA, SR. DR ORDER PER MAHAVIR SINGH, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), THE ASSESSEE HAS REQUESTED THAT THE COMMITTEE OF DISPUTE (COD) IN IT S MEETING HELD ON 20-05- 2009 VIDE ORDER NO. COD 19/2009 DATED 04-06-2009, H AS DECIDED THAT THE BANK CAN PURSUE THE SIXTH ISSUE BEFORE ITAT THAT THE PRO VISIONS MADE TOWARDS CONTRIBUTION OF SUPERANNUATION FUNDS, RAISED BY WAY OF GROUND NO.2 AS UNDER:- 2. THE LEARNED COMMISSIONER OF INCOME TAX(A)-XX, A HMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING ADDITION OF RS.12,61,00,000/- BEING THE PROVISION MADE FOR SUPE RANNUATION FUND FOR THE PURPOSE OF COMPUTATION OF FRINGE BENEFIT THROUG H NO ACTUAL CONTRIBUTION TOWARDS SUPERANNUATION FUND HAS BEEN M ADE BY THE APPELLANT DURING THE YEAR UNDER ASSESSMENT. 2. AFTER GOING THROUGH THE MINUTES OF COD VIDE ITEM NO.12 , WHICH READS AS UNDER:- 12 PG STATE OF BANK OF DISALLOWANCE OF (1), ENTERTAINMENT EXPENSES U/S115WB (2) (A), (2) PROVISION OF HOSPITALITY OF EVERY KIND BY THE EMPLOYER TO ANY PERSON U/S.115WB(2)(B), (3) FA/AAT/593 24/11/2008 ITAT COMMISSIONER (APPEAL) CIT(A)- XX/33/2008-09 14/08/2008 AMT 4182.19 TAX- 590.39 2006- 2007 2 CONFERENCE EXPENSES U/S.115WB(2)(C), (4) HOTEL, BOARDING & LODGING FACILITIES & CONVEYANCE U/S.115WB(2)(G), (5) TELEPHONE EXPENSES U/S.115WB(2)(J), (6) PROVISION MADE FOR SUPERANNUATION FUND THE COMMITTEE HEARD BOTH PARTIES TO THE DISPUTE AND DECIDED AS UNDER:- A) IN RESPECT OF THE FIRST TO FIFTH ISSUES, THE REP RESENTATIVE OF STATE BANK OF INDIA SOUGHT PERMISSION OF THE COMMITTEE TO WITHDRAW THESE ISSUE S ON THE GROUND THAT THE BANK HAD BEEN GIVEN RELIEF BY THE DEPTT. SEPARATELY. THE COM MITTEE, THEREFORE, PERMITTED THE BANK TO WITHDRAW THESE ISSUES. B) IT PERMITTED THE BANK TO PURSUE THE SIXTH ISSUE BEFORE ITAT, IN VIEW OF QUESTIONS OF FACTS AND LAW INVOLVED. WE FIND THAT THE COD HAS PERMITTED THE BANK TO PURS UE THE SIXTH ISSUE RAISED BY WAY OF GROUND NO.2 AS ABOVE. ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL TO THE EXTENT OF SECOND GROUND OF THE APPEAL TO BE DEC IDED ON MERITS. THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN REGULAR COURSE. A CCORDINGLY, THE MA OF ASSESSEE IS ALLOWED. 3. IN THE RESULT, ASSESSEES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/01/2010. (N.S.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE :15/01/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-XX, AHMEDABAD 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER, /TRUE COPY/ DR / AR, ITAT, AHMEDABAD