DCIT, CIR-1(2), KOLKATA, KOLKATA vs. M/S. BMW INDUSTRIES LIMITED, KOLKATA

We come to the former issue of ESI/PF contribution disallowance of Rs.,13,06,978/- made by the Assessing Officer alleging assessee’s late payment beyond due date. There is no dispute that the assessee has paid the impugned sum before prior to the relevant date of filing return prescribed u/s 139(1) of the Act. The Assessing Officer however was of the view that the said payments had been made after the due dates prescribed under the relevant specific laws. He therefore made the impugned addition as deleted in the lower appellate proceedings. Suffice to say, we M/s BMW Industries Ltd. A.Y.2012-13 2 find the hon’ble jurisdictional high court’s decision in CIT vs Vijay Shree Ltd in of 2011 decided on 06.09.2011 has rejected the Revenue’s similar argument seeking to revive the impugned disallowance in the case involving payment of employees ESI/PF dues before filing of the return. We thus find no merit in the Revenue’s instant former grievance. The same stands rejected accordingly.

Coming to the Revenue’s latter substantive ground that the CIT(A) has erred in law as well as on facts in deleting section 14A r.w.r. 8D of Rs.96,23,922/-. We find the instant issue also to be no more res integra as the hon’ble jurisdictional high court in CIT vs M/s Ashika Global Securities Ltd in ITAT 100 of 2014, GA NO.2122 of 2014 decided on 11.06.2018 holds that the same does not apply in absence of any exempt income having been derived by the concerned assessee. We thus confirm the CIT(A)’s findings under challenge qua the instant latter issue as well.

This Revenue’s appeal is dismissed.