ACIT, CIRCLE-13(1), KOLKATA, KOLKATA vs. M/S LASER SHAVING INDIA PVT. LTD., KOLKATA

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ITA 1801/KOL/2016Status: DisposedITAT Kolkata07 February 2018AY 2012-133 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 held that the disallowance of employees' contribution towards ESI & PF, paid before the due date of filing the return of income, was incorrect. The Tribunal followed established High Court and Supreme Court decisions on this matter.

What were the facts?

The Revenue appealed against the CIT(A)'s order directing the deletion of disallowance under Section 43B. The disallowance was related to employees' contribution towards ESI & PF, which the assessee had paid before the due date of filing the return of income.

What were the issues?

Whether the disallowance of employees' contribution to ESI & PF, paid before the due date of filing the return of income, is permissible under Section 43B of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 43B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(4)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri Aby T. Varkey]

order : February 7th , 2018 O R D E R Per J. Sudhakar Reddy :- This appeal filed by the revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-5, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 14/07/2016, for the Assessment Year 2012-13.

2.

We find that the ld. CIT(A), in its order, directed deletion of disallowance u/s 43B of the Act being Employees contribution towards ESI & PF as the same were paid before the due date of filing of the return of income. This issue is admittedly covered against the revenue and in favour of the assessee by the following decisions:- CIT vs Alom Extrusions Ltd , [2009]319 ITR 306(SC)   CIT vs. Kichha Sugar Company Ltd (Uttarakhand High Court), of 2009  CIT vs. Aimil Ltd. & Others , 321 ITR 508 (Del)

1.

Assessment Year: 2012-13 M/s. Laser Shaving India Pvt. Ltd  CIT vs. Nipso Polyfabriks Ltd. (2013) 350 ITR 327/84 DTR 424 (HP) (High Court)  Commissioner of Income-tax, Faridabad v. Hemla Embroidery Mills (P.) Ltd. [2013] 37 taxmann.com 160 (Punjab & Haryana) 3. Respectfully following the propositions of law laid down in the above decisions, we dismiss this appeal of the revenue. 4. In the result, this appeal of the revenue is dismissed.

Kolkata, the 7th day of February, 2018. Sd/- Sd/- [Aby T. Varkey] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated :07.02.2018 {SC SPS} Copy of the order forwarded to: 1. Assistant Commissioner of Income Tax, Circle -13(1), Kolkata Aaykar Bhawna Poorva 6th Floor Room No. 610 110, Shanti Pally Kolkata – 700 110 2. M/s. Laser Shaving India Pvt. Ltd The Principal Officer Malhotra House P-12, New CIT Road Kolkata – 700 073 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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