RANKAS TEXFAB PRIVATE LIMITED,AHMEDABAD vs. DCIT CIRCLE, WARD 3(1)(2), AHMEDABAD

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2014-15, arises from order of the CIT(A)-9, Ahmedabad dated 29-11-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

I.T.A No. 483/Ahd/2018 A.Y. 2014-15 Page No 2 fund and ESIC in view of provision u/s. 36(1)(va) r.w.s. 2(24)(x) in government account to the amount of Rs. 2,35,277/-. It is noticed that appeal of the assessee was time barred by two days and assessee has not filed any application for condonation of delay in filing the instant appeal, therefore, this appeal is not maintainable. On merit also, it is noticed that the Hon’ble Juri ictional High Court in the case of CIT vs. Gujarat State Road Transport Corporation 265 CTR 64 has held that when the employer has not credited the sum received by it as employee’s contribution to employee’s account in relevant fund on or before due date as prescribed in explanation to section 36(1)(va), the assessee is not entitled to deduction on such amount though he deposited the said sum before the due date prescribed u/s. 43(b) i.e. prior to filing of return u/s. 139(1) of the I.T. act. In view of the above facts and finding, the assessee has not deposited the employee’s contribution towards ESIC/PF before the due date as prescribed in explanation to section 36(1)(va), therefore, addition of Rs. 2,35,277/- was rightly confirmed by the ld. CIT(A).

Order pronounced in the open court on 15 -11-2019 (RAJPAL YADAV) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 15/11/2019

I.T.A No. 483/Ahd/2018 A.Y. 2014-15 Page No 3 आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:-