ASSTT. COMMISSIONER OF INCOME TAX-1(1)(1), MUMBAI V. ANGADPAL INDUSTRIES PVT. LTD, MUMBAI

MA 421/MUM/2022

AI Insights

The case revolves around the recall of a Tribunal order that had previously allowed the deduction of employees' contributions to PF and ESI if remitted before the due date of filing the return of income under section 139(1) of the Act. The revenue filed a miscellaneous application citing a recent Supreme Court decision which favored the revenue's stance on the issue. The Tribunal acknowledged the binding nature of the Supreme Court's decision and recalled its earlier order, directing the case to be heard afresh.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302562 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-03-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 16-02-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 19-12-2022
• Other Referred Cases: Kalpesh Synthetics Ltd Vs. DCIT, Checkmate Services Pvt Ltd. Vs. CIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 43B; 139(1); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, “A”BENCH MUMBAI BEFORE SHRI BASKARAN BR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.A. No. 421/MUM/2022 (Arising out of ITA No. 273/MUM/2022, A.Y.2019-20) DCIT, CPC 1 st Floor, Prestige Alpha No. 48/1, 48/2, Beratenaagrahara Begur, House Road, Uttarahalli, Hobli, Bengaluru – 560100 Vs. Angadpal Industries Pvt Ltd., 41 Pal house, Marol Co. Op Industrial Estate, Andheri Kurla Road, Andheri (E), Mumbai – 400059. लेख सं./ज आइआर सं.PAN/GIR No. AACCA5854D ( ल /Applicant) ( /Respondent) Applicant by: Smt.Mahita Nair.DR Respondent by: Shri Prateek jain.AR स ु नव ई र ख/Date of Hearing 17.02.2023 घोषण र ख/Date of Pronouncement 28.02.2023 ORDER PER PAVAN KUMAR GADALE, JM: The revenue has filed the miscellaneous application (MA) in ITA No. 273/MUM/2022 for the A.Y.2019-20 seeking recall of the Hon’ble Tribunal order dated 25.07.2022. 2 M.A. No. 421/MUM/2022 (A.Y.: 2019-20) (Angadpal Industries Pvt Ltd) 2. At the time of hearing, the Ld.DR submitted that the Hon’ble Tribunal in ITA. No. 273/Mum/2022 for A.Y 2019-20 placed reliance on the decision of the Coordinate Bench of the Honble Tribunal in the case of Kalpesh Synthetics Ltd Vs. DCIT in ITA No. 1785/Mum/2021 dated 27.04.2022 and held that the employees contribution to PF and ESI if remitted beyond the due date prescribed under respective Act but remitted / deposited before due date of filing of return of income u/s 139(1) of the Act would be eligible for deduction u/s 43B of the Act. Accordingly, the issue was decided in favour of the assessee. Presently the revenue has filed MA and the Ld. DR has drawn attention to the recent decision of the Hon’ble Supreme Court in the case of Checkmate Services Pvt Ltd. Vs. CIT 143 taxmann.com 178, wherein the same issue was decided in favour of the revenue. Contra the Ld. AR has raised objections for the recall of the order. We find, the law is very well settled that the subsequent decision of the Hon’ble Supreme Court would pave way for the rectification of the Honble Tribunal order u/s 254(2) of the Act. 3. We heard the rival submissions and perused the material on record. We find that there are merits in the MA filed by the revenue and we recall the order of the 3 M.A. No. 421/MUM/2022 (A.Y.: 2019-20) (Angadpal Industries Pvt Ltd) Honble Tribunal in ITA No. 273/Mum/2022 dated 25.07.2022 and direct the registry to post the appeal in regular course and inform both the parties. 4. In the result, the MA filed by the revenue is allowed. Order pronounced in the open court on 28.02.2023. Sd/- Sd/- (BASKARAN BR) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 28/02/2023 KRK Copy of the Order forwarded to: 1. The Appellant, 2. The Respondent 3. The CIT(A)- 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER, (Dy./Asstt.Registrar)ITAT, Mumbai