Beauty Impex (P) Ltd, Kolkata vs. ITO, Ward-9(1), Kolkata
In the result, the appeal of the assessee stands allowed
ITA 541/KOL/2021[2019-20]Status: DisposedITAT Kolkata26 May 2022AY 2019-20
Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2019-20 Beauty Impex Pvt. Ito, Ward-9(1), Kolkata Ltd. 21/5, Old Nimta Road, Vs. Barrackpur, North 24 Parganas – 700056. Pan: Aabcb 6201 C (Appellant) (Respondent) Present For: Appellant By : None Respondent By : Shri Gautam Mondal, Acit Date Of Hearing : 25.05.2022 Date Of Pronouncement : 26.05.2022 O R D E R Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.11.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals) (Nfac) Has Erred In Law As Well As On Facts In Passing An Order U/S 250 By Dismissing The Appeal Against Disallowance Of Sum Of Rs. 23,61,241/- Being Contribution Of Employees’ Share Towards Esi, Pf, Superannuation Fund Or Any Other Fund Set Up For The Welfare Of The Employee U/S 36(1)(Va) Read With Section 2(24)(X) Of The Income Tax Act, 1961 When The Payments Were Made Within The Due Dates Of Filing Of Return U/S 139 Of The Income Tax Act, 1961 & Hence Are Allowable. 2. For That The Appellant Craves Leave To Supplement, Cancel Or Otherwise Modify Any Of The Above Grounds Before Or At The Time Of Hearing.”
For Appellant: NoneFor Respondent: Shri Gautam Mondal, ACIT
Section 139Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 43B
…inclined to follow the same and we reproduce the order of Hon’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the Hon’ble Calcutta High Court has taken note of the Hon’ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon’ble Calcutta High Court’s decision in Vijayshree Ltd. supra is reproduced as under: “This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITA No. 1091/Kol/2010 relating to assessment year 2006-07 by which the Tribunal dismi…