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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI ABRAHAM P.GEORGE & SHRI GEORGE MATHAN
आदेश / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER:
Order of the Commissioner of Income Tax (Appeals)-1, Madurai, in dated 07.11.2016 for the AY 2013-14.
Mr.A. Srinivasan, JCIT, represented on behalf of the Revenue and Mrs.S.Vidya, CA, represented on behalf of the assessee.
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It was submitted by the Ld.AR that Ground Nos.2.1 & 2.2 were against the action of the Ld.CIT(A) in allowing the assessee’s claim for deduction of the employee’s contribution towards PF & ESI paid before the due date for filing of return u/s.139(1). The Ld.DR vehemently supported the order of the AO.
4. In reply, it was submitted by the Ld.AR that the issue is squarely covered by the decision of the Hon’ble Jurisdictional High Court of Madras in the case of Industrial Security and Intelligence (India) Pvt. Ltd. in TC Nos.585 & 586/2015 dated 24.07.2015 wherein the Hon’ble Jurisdictional High Court had followed the decision of the Hon’ble Supreme Court in the case of Alom Extrusions reported in 319 ITR 306 and has held the issue in favour of the assessee in so far as if the employee’s contribution towards PF & ESI is deposited after the due date as prescribed under the relevant act but before the due date of filing of the return under the Income Tax Act, no disallowance could be made in view of the provisions of Sec.43B of the Act.
We have considered the rival submissions. As it is noticed that the Ld.CIT(A) has followed the decision of the Hon’ble Supreme Court in the case of Alom Extrusions, respectfully following the decision of the Hon’ble Jurisdictional High Court in the case of Industrial Security and Intelligence
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(India) Pvt. Ltd. referred to supra, the findings of the Ld.CIT(A) stands confirmed.
It was submitted by the Ld.DR that the issue raised in the Ground Nos.3.1 & 3.2 were against the action of the Ld.CIT(A) in deleting the disallowance made u/s.80IA(4) of the Act by holding that the assessee had developed and operated container freight station which is an Inland Port specified u/s.80IA(4). At the time of hearing, it was fairly agreed by both the sides that the issue is squarely covered by the decision of Co- ordinate Bench of this Tribunal in the assessee’s own case for the AY 2012-13 in dated 01.08.2016 wherein the Co- ordinate Bench has held as follows:
From the order of the learned Commissioner of Income Tax (Appeals), it is evident that he has arrived at the above decision by relying on the circular of the CBDT and the decision of the Hon’ble Delhi High Court cited supra. Further, the assessee has also produced before us the prescribed Certificate from the Port Trust dated 28.03.2016. In these circumstances, we do not find it necessary to interfere with the order of the learned Commissioner of Income Tax(Appeals).
It was submitted by the Ld.DR that the order of the Co-ordinate Bench has not reached its finality.
We have considered the rival submissions. As it is noticed that the issue in the Revenue appeal is squarely covered by the decision of the Co- ordinate Bench of this Tribunal in the assessee’s own case, respectfully following the decision of Co-ordinate Bench in the assessee’s own case, the findings of the Ld.CIT(A) stands confirmed.
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In the result, the appeal filed by the Revenue stands dismissed.