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Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH
Before: Shri Mahavir Prasad & Shri Amarjit Singh
आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2014-15, arises from order of the CIT(A)-2, Ahmedabad dated 20-04-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
I.T.A No. 1300/Ahd/2017 A.Y. 2014-15 Page No 2 Max Vigil Securities Pvt. Ltd. vs. DCIT
The solitary ground of appeal of the assessee is against the decision of ld. CIT(A) in confirming the addition of Rs. 1,71,61,294/- on account of late remittances of employee’s contribution to the PF and Rs. 6,05,295/- on account late remittance of employees contribution to ESIC totaling to Rs. 1,77,66,589/- u/s. 36(1)(va) r.w.s. 2(24)(x) of the act.
During the course of assessment, the assessing officer has noticed that assessee has not deposited the employees contribution to the PF/ESIC within the due date prescribed in the act therefore he has disallowed an amount of Rs. 1,77,66,589/- as per provisions of section 2(24)(10) r.w.s. 36(1)(va) after placing reliance on the decision of Hon’ble Gujarat High Court in the case of Gujarat State Road Transportation Corporation reported in (2014) 41 taxman.com 100
Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has dismissed the appeal of the assessee after referring the decisiont in the case of CIT(A) vs. GSRTC of the Hon’ble Gujarat High Court.
We have heard the rival contentions and perused the material on record carefully. During the course of appellate proceedings before us, the ld. counsel has brought to our notice that aforesaid issue has been decided against the assessee by following the decision of Jurisdictional High Court in the case of Gujarat State Road Transport Corporation (2014) 41 taxman.com 100 (Gujarat). The ld. counsel could not bring any new fact to dispute the finding of the Jurisdictional High Court on the identical issue involved in the case of the assessee. Therefore, after taking into
I.T.A No. 1300/Ahd/2017 A.Y. 2014-15 Page No 3 Max Vigil Securities Pvt. Ltd. vs. DCIT
consideration, the decision of the Hon’ble Gujarat High Court in the case of CIT vs. GSRTC wherein it is held that deduction towards employee’s contribution is to be made as per the due date prescribed in the relevant act we do not find any merit in the appeal of the assessee. Accordingly the appeal of the assessee is dismissed. Therefore, the appeal of the assessee is dismissed.
In the result, the appeal of the assessee is dismissed.
Order pronounced in the open court on 18-02-2019
Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 18/02/2019 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद