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Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH
Before: Shri Amarjit Singh
PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2014-15, arises from order of the CIT(A)-1, Ahmedabad dated 20-09-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
The solitary ground of appeal of the assessee is against the decision of ld. CIT(A) in confirming the disallowance u/s. 2(24)(x) of Rs. 51,40,228/- in respect
I.T.A No. 2637/Ahd/2017 A.Y. 2014-15 Page No 2 of delayed payment of employee’s contribution towards PF and ESIC. During assessment, the assessing officer has noticed that assessee has not deposited employee’s contribution towards PF amounting to Rs. 43,75,034/-and ESIC contribution amounting to Rs. 7,65,194/- as per due date prescribed in the relevant act. Therefore, after following the decision of Hon’ble Gujarat High Court in the case of CIT vs. Gujarat State Road Transport Corporation in ITA No. 637 of 2016, the assessing officer has made disallowance u/s. 2(24)(x) r.w.s. 36(1)(va) of the act and added the amount of Rs. 51,40,228/- to the total income of the assessee.
Aggrieved assessee has filed appeal before ld. CIT(A). The ld. CIT(A) has sustained the addition following the decision of Juri ictional High Court in the case of CIT vs. GSRTC.
During the course of appellate proceedings before us ld. representatives are agreed that the issue in appeal is squarely covered by the decision of Hon’ble Juri ictional High Court in the case of CIT vs. GSRTC. On these facts, respectfully following the judgment of Hon’ble Gujarat High court cited supra, we hold that the ld. CIT(A) was right in sustaining the disallowance made by the assessing officer for not depositing the aforesaid employee’s contribution towards PF/ESIC within the due date as stipulated in the relevant act, therefore, we do not find any merit in the appeal of the assessee and the same is dismissed.
In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 05-03-2019 (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 05/03/2019
I.T.A No. 2637/Ahd/2017 A.Y. 2014-15 Page No 3 आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:-
Assessee
Revenue
Concerned CIT
CIT (A)
DR, ITAT, Ahmedabad
Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील"य अ"धकरण, अहमदाबाद