M/S. AASHIS PRODUCTS,MUMBAI vs. ADIT, CPC, BENGALURU

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ITA 2171/MUM/2021Status: DisposedITAT Mumbai18 May 2022AY 2019-203 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee requested to withdraw the appeal. The Department had no objection to the withdrawal. The Tribunal permitted the withdrawal of the appeal.

What were the facts?

The assessee filed an appeal against the disallowance of Rs. 13,30,958/- under Section 36(1)(va) of the Income Tax Act. The assessee argued that the payments were made before the due date of filing the return of income.

What were the issues?

The primary issue was the disallowance of employee contributions to PF/ESIC made after the due date but before the due date of filing the return. However, the appeal was withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 43B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLEShri Samir Dalal Shri Anil Gupta

For Appellant: Shri Samir Dalal
For Respondent: Shri Anil Gupta
Hearing: 18.05.2022Pronounced: 18.05.2022

O R D E R PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter in short “Ld.CIT(A)”] dated 29.09.2021 for the A.Y. 2019-20.

2. Assessee has raised following grounds in its appeal: - (A.Y: 2019-20) M/s. Aashis Products “1.1. The learned Commissioner of Income Tax (Appeal), National Faceless Appeal Center, Delhi has erred in not interfering the action taken by CPC, I.T. Dept. Bangaluru and confirmed the Disallowance made Rs.13,30,958/- u/s.36(1)(va) of the act. 1.2. It is respectfully submitted that payment of ESIC and PF has been made before the due date of filing the return of income and hence, it should be allowed as stated in judgment like CIT Vs HOCL. 1.3. It is respectfully submitted that provision of Section 43B is widely discussed and changes made w.e.f. 01.04.2014 i.e. deletion of 2nd provisio of section 3B and further amendment in 1st proviso which says that nothing contend in this section shall apply in relation to any sum which actually paid by the assessee on or before the due date of filing the return. It is also respectfully submitted that above was allowable which is being negated in the recent budget i.e. F.Y.2020-2021 by amending the Law and disallowing the same now.

2.

The learned Appellant craves leave to add to, alter, delete or modify all or any of the above grounds at the time of hearing.”

3.

Ld. Counsel for the assessee submitted that assessee do not want to press the appeal. Assessee vide letter dated 13.05.2022 requested for withdrawal of appeal. On the other hand, Ld. DR has no objection on withdrawal of this appeal by the assessee.

4.

We have heard submissions. Contents of the letter dated 13.05.2022 filed by the assessee are as under: - “Ref: Aashis Products Appeal No. ITA 2171/Mum/2021 Bench SMC Ass.Year 2019-20 Sub: Withdrawal of Appeal. Dear Sir, With reference to above mentioned subject we hereby withdraw the above Appeal.

(A.Y: 2019-20) M/s. Aashis Products Pls do the needful and allow to withdraw the Appeal. Thanking You.”

In view of the above request for withdrawal of appeal, the appeal under consideration is permitted to be withdrawn.

5.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 18th May, 2022.

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