Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA
Before: Shri P.M. Jagtap, Vice- & Shri Satbeer Singh Godara
Per Shri P.M. Jagtap, Vice-President:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-6, Kolkata dated 09.01.2019 and the solitary issue involved therein relates to the disallowance of Rs.2,37,079/- made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of expenditure claimed by the assessee towards employees contribution on account of Provident Fund and ESI.
The assessee in the present case is a Company, which is engaged in the business of running a Cold Storage Unit. The return of income for the year under consideration was filed by it on 26.09.2015 declaring total income at ‘NIL’. During the course of assessment proceedings, it was noticed by the Assessing Officer that the assessee has claimed Assessment Year: 2015-2016 Debendra Cold Storage (P) Limited verification by the Assessing Officer. We find merit in this contention of the ld. D.R. and since the ld. Counsel for the assessee has also not raised any objection for sending the matter to the Assessing Officer for such verification, we restore this issue to the file of the Assessing Officer for the limited purpose of verifying the claim of the assessee of having paid the employees contribution towards P.F. and ESI from its own account without recovering the same from the concerned employees. If the claim of the assessee is found to be correct on such verification, the Assessing Officer shall allow the deduction to the assessee-company on account of the employees’ contribution towards P.F. and ESI.
In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on June 10, 2020.