ACIT CORPORATE CIRCLE 4(1), CHENNAI vs. MALABAR HOTELS PVT LTD., CHENNAI

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ITA 2705/CHNY/2017Status: DisposedITAT Chennai23 March 2018AY 2013-143 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal confirmed the order of the CIT(Appeals) as it was based on a binding judgment of the Madras High Court. Therefore, the disallowance of employees' contribution to PF was not upheld.

What were the facts?

The Revenue appealed against the CIT(Appeals) order which allowed the assessee's claim for employees' contribution towards Provident Fund. The assessee did not appear for the hearing.

What were the issues?

The key issue was whether the disallowance of employees' contribution towards Provident Fund was justified, considering a High Court judgment.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE

Hearing: 14.03.2018Pronounced: 23.03.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-8, Chennai, dated 22.08.2017 and pertains to assessment year 2013-14.

2.

The only issue arises for consideration is disallowance of employees’ contribution towards Provident Fund.

3.

No one appeared for the assessee even though the notice of hearing was served on the assessee by RPAD. Therefore, we heard Ld. Departmental Representative and perused the relevant material available on record. The CIT(Appeals) allowed the claim of the assessee by placing reliance on the judgment of Madras High Court in Industrial Security and Intelligence Pvt. Ltd. in T.C.A.

No.585 of 2016. This Tribunal is of the considered opinion that the judgment of Madras High Court is binding on all the authorities in the State. Therefore, the CIT(Appeals) has rightly followed the judgment of Madras High Court and allowed the claim of the assessee. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

4.

In the result, the appeal filed by the Revenue stands dismissed.

Order pronounced on 23rd March, 2018 at Chennai.

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