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Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Principal Commissioner of Income Tax (Appeals) -1, Chennai, dated 22.05.2017 and pertains to assessment year 2012-13.
The first ground of appeal is with regard to disallowance made by the Assessing Officer under Section 14A of the Income-tax Act, 1961 (in short 'the Act').
We heard Shri AR.V. Sreenivasan, the Ld. Departmental Representative and Shri G. Seetharaman, the Ld. representative for the assessee. Admittedly, the assessee has not earned any exempted income. Therefore, the CIT(Appeals) by placing reliance on the judgment of Madras High Court in Redington (India) Ltd. v.
Addl. CIT (2017) (1) TMI 318 dated 23.12.2016, deleted the disallowance made by the Assessing Officer. Since the CIT(Appeals) has followed the judgment of jurisdictional High Court, which is binding on all the authorities, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
The next ground of appeal is with regard to disallowance made by the Assessing Officer under Section 43B of the Act in respect of employees contribution.
5. We heard Shri AR.V. Sreenivasan, the Ld. Departmental Representative and Shri G. Seetharaman, the Ld. representative for the assessee. The CIT(Appeals) by placing reliance on the judgment of Madras High Court in CIT v. Industrial Security and Intelligence India (P.) Ltd. in TC(A). No.585 & 586 of 2015, allowed the claim of the assessee. It is not in dispute that the employees contribution was deposited before the due date for filing the return of income. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the open court on 5th June, 2018 at Chennai.