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ITA No. 441 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2022 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA INCOME TAX APPEAL NO.441 OF 2022 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE C R BUILDING QUEENS ROAD BENGALURU-560 001.
THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 (2) (1) CPC, BENGALURU PRESENT ADDRESS DCIT CENTRAL CIRCLE (1) C R BUILDING QUEENS ROAD BENGALURU -560 001. …APPELLANTS
(BY SHRI. M.DILIP, ADVOCATE FOR SHRI. K.V.ARAVIND, ADVOCATE) AND: LATE KARI THIMMEGOWDA RAJASHEKHARA L/R BY Ms. MEGHA B.R NO.321 TSP ROAD, KALASIPALYA BENGALURU -560 002. …RESPONDENT
THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 19/04/2022 PASSED IN ITA NO.669/BANG/2021, FOR THE ASSESSMENT YEAR 2019-2020. PRAYING THAT THIS COURT MAY
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
ITA No. 441 of 2022
BE PLEASED TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ETC.,
THIS INCOME TAX APPEAL, COMING ON FOR ADMISSION, THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the Revenue is filed to consider the following questions of law; "1. Whether on the facts and in the circumstances on the case, setting aside disallowance made under section 36(1)(va) by holding that the disallowance on ground of delay in remittance of employees contribution to PFE and eSI is also covered in Section 43B of the Act ignoring the latest amendment to provisions of Section 43B of the Act and CBDT Circular which clarifies that the disallowance in question is not covered in Section 43B of the Act. 2. Whether on the facts and in the circumstances on the case, order passed by the Tribunal can be said as perverse in nature in setting aside addition of Rs.4,40,51,056 representing employees share of contribution to ESI/PF to the extent not paid ton or before the due date as mentioned in Section 36(1)(va) of the Act as assessee has not remitted the said amount within prescribed time?"
Shri Dilip, learned standing counsel for the Revenue, in his usual fairness, submitted that the issue raised by the revenue are covered in Essae Teraoka (P) Ltd. Vs. Deputy Commissioner of
ITA No. 441 of 2022
Income-tax, Circle -11(3)1. However, he submitted that amendment has been brought after the judgment in aforesaid case. Therefore, the matter merits consideration. 3. Admittedly, the relevant assessment year for consideration in this appeal is 2019-2020. Amendment has been brought on 01.04.2022. Hence, in our view, the questions of law are covered by the decision in Essae Teraoka (P) Ltd. Hence, questions of law raised in this appeal do not merit consideration. Resultantly, this appeal fails and it is dismissed. No costs. Sd/- JUDGE
Sd/- JUDGE
AV List No.: 1 Sl No.: 15
1 [2014] 43 taxmann.com 33 (Karnataka)