M/s Trident Alco-Chem. Ltd., Ludhiana V. ACIT, Ludhiana

MA 43/CHANDI/2010

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9931 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-01-2013
• Assessment Year: 2002-2003
• Appeal Filed On: 08-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER M.A. NO.43 /CHD/2010 (IN ITA NO.915/CHD/2009 (ASSESSMENT YEAR: 2002-03) M/S TRIDENT ALCO-CHEM LTD., VS. THE A.C.I.T., LUDHIANA. CIRCLE-1, LUDHIANA. PAN: AAACT-6093-M (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI AKHILESH GUPTA, DR DATE OF HEARING : 08.02.2013 DATE OF PRONOUNCEMENT : 13.02.2013 O R D E R PER SUSHMA CHOWLA, JM THE APPLICANT HAS FILED THIS MISCELLANEOUS APPLICAT ION FOR RECALLING THE ORDER DATED 30.10.2009 IN ITA NO.915/ CHD/2009 RELATING TO THE ASSESSMENT YEAR 2002-03 WHICH WAS DISMISSED IN LIMINE. 2. THE LEARNED A.R. FOR THE APPLICANT HAD MOVED AN APPLICATION FOR ADJOURNMENT WHICH IS REFUSED AS SEVERAL OPPORTUNITI ES OF HEARING HAD BEEN AFFORDED TO THE ASSESSEE AND THE ISSUE BEING A LREADY SETTLED BY THE HON'BLE APEX COURT. 3. THE LEARNED D.R. FOR THE REVENUE FAIRLY POINTED OUT THAT THE SAID ISSUE HAS BEEN CONSIDERED BY THE HON'BLE SUPREME CO URT IN CIT VS. ALOM EXTRUSIONS LTD.[319 ITR 306 (SC)]. 4. ON THE PERUSAL OF THE RECORD WE FIND THAT THE TR IBUNAL IN ITA NO.915/CHD/2009 VIDE ORDER DATED 30.10.2009 HAD CON FIRMED THE DISALLOWANCE OF EMPLOYEES CONTRIBUTION TO ESI AND EPF TOTALING RS.3,79,961/-. THE PLEA OF THE ASSESSEE IS THAT TH E ISSUE OF ALLOWABILITY 2 OF SUCH EXPENDITURE HAS NOT BEEN SETTLED BY THE HON 'BLE SUPREME COURT IN CIT VS. ALOM EXTRUSIONS LTD. (SUPRA). WE ARE OF THE VIEW THAT ONCE THE LAW HAS BEEN SETTLED BY THE HON'BLE SUPREME COU RT, SUCH LAW IS THE LAW OF LAND AND IS APPLICABLE TO ALL. IN VIEW THE REOF, WE FIND MERIT IN THE PLEA OF THE ASSESSEE AND WE RECALL OUR ORDER DA TED 30.10.2009 TO THE LIMITED EXTENT OF DECIDING THE GROUND NO.1 RAISED B Y THE ASSESSEE IN RELATION TO THE DISALLOWANCE MADE ON ACCOUNT OF LAT E DEPOSIT OF EMPLOYEES CONTRIBUTION TO ESI AND EPF. THE SAID G ROUND OF APPEAL NO.1 IS RECALLED AND FIXED FOR HEARING ON 19.3.2013 . 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED IN THE TERMS STATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF FEBRUARY, 2013. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 13 TH FEBRUARY, 2013 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH