SKYLARK INFRA ENGINEERING PRIVATE LIMITED,GHAZIABAD vs. ACIT CENTRAL CIRCLE , KARNAL
Facts
For AY 2009-10, the assessee claimed full TDS credit of Rs.49,05,259/- as per Form 26AS, but was granted only Rs.24,83,521/-. The CIT(A) rejected the claim, citing non-filing of Form 26As and ITR. For AY 2019-20 and 2020-21, the assessee challenged the disallowance of deductions for Provident Fund and ESI contributions, asserting that some payments were made within the statutory due dates.
Held
For AY 2009-10, the tribunal restored the TDS credit issue to the Assessing Officer (AO) to allow credit for TDS on the income reflected in the return of income. For AY 2019-20 and 2020-21, the tribunal restored the PF and ESI disallowance issue to the AO with a direction to allow deductions for contributions made within the due dates specified under the respective Acts.
Key Issues
1. Whether the assessee is entitled to full TDS credit as reflected in Form 26AS. 2. Whether deductions for Provident Fund and ESI contributions paid within statutory due dates should be allowed.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI G.S. PANNU, HON’BLE & SHRI CHALLA NAGENDRA PRASAD
I.T.A.Nos.629, 630 & 631/Del/2023
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE VICE PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A Nos.629, 630 & 631/Del/2023 िनधा�रणवष�/Assessment Years: 2009-10, 2020-21 & 2019-20 बनाम Skylark Infra Engineering Pvt. Ltd., ACIT Ch. No.206-207, Ansal Satyam, Vs. Central Circle, RDC, Rajnagar, Ghaziabad, Aaykar Bhawan, Uttar Pradesh. Sector-12, Karnal, Haryana. PAN No.AAHCS2358H अपीलाथ� Appellant ��यथ�/Respondent
Assessee by Shri Akhilesh Kumar, Adv. & Shri Ankit Kumar, Adv. Revenue by Shri Anuj Garg, Sr. DR सुनवाईक�तारीख/ Date of hearing: 09.11.2023 31.01.2024 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M.
These three appeals are filed by the Assessee against different orders of the Ld. CIT(Appeals)-3, Gurgaon for the assessment years 2009-10, 2019-20 & 2020-21. The only grievance of the assessee in its appeal for the AY 2009-10 in ITA No.629/Del/2023 is that the credit for TDS was granted only for Rs.24,83,521/- as against Rs.49,05,259/- as reflected in Form 26AS. 1
I.T.A.Nos.629, 630 & 631/Del/2023
The Ld. Counsel for the assessee, at the outset, submits that
the Ld. CIT(A) rejected the claim for TDS of Rs.24,20,092/-
observing that the assessee has not filed copy of Form 26As and ITR
which is contrary to record. Ld. Counsel submits that this is the
first year where the Revenue is generating Form 26As and the
assessee has duly explained the difference in TDS by filing necessary
details. The Ld. Counsel submits that the direction may be given to
the Assessing Officer to allow credit for TDS on the income returned
by the assessee for the assessment year under consideration.
Ld. DR has no serious objection.
Considering the rival submissions, we restore the issue to the
file of the Assessing Officer with a direction to allow credit for TDS
to the assessee on the corresponding income which was reflected b
the assessee in its return of income. Grounds raised by the assessee
are allowed for statistical purpose.
Coming to the appeals for the assessment years 2019-20 and
2020-21 the only grievance of the assessee is with respect to
disallowance of deductions made towards Provident Fund & ESI
contributions. Ld. Counsel submits that some of the payments
made are within the due date specified in the respective Acts and,
I.T.A.Nos.629, 630 & 631/Del/2023
therefore, the direction may be given to the Assessing Officer to
allow those contributions which were paid within the due date
specified under the Act.
Ld. DR has no serious objection.
Considering the rival submissions, we restore the issues in
appeal for AY 2019-20 and 2020-21 to the file of the AO with a
direction to allow deduction for contributions towards PF and ESI
which were made within the due date specified under the
respective Acts. Grounds raised by the Assessee in these appeals
are allowed for statistical purpose.
In the result, all the three appeals are allowed for statistical
purpose.
Order pronounced in the open court on 31/01/2024
Sd/- Sd/- (G.S. PANNU) (C.N. PRASAD) VICE PRESIDENT JUDICIAL MEMBER Dated: 31/01/2024 *Kavita Arora, Sr. P.S. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order
Assistant Registrar, ITAT: Delhi Benches-Delhi
