Saha Textile, Kolkata vs. ACIT, Cir.-50(1) (2), Kolkata
In the result, the appeal of the assessee stands allowed
ITA 402/KOL/2021[2018-19]Status: HeardITAT Kolkata02 Mar 2022AY 2018-19
Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.402/Kol/2021 Assessment Year: 2018-19 Saha Textile............................................................…………………….……Appellant 29, Saha Textile, K B Bose Road, Barasat, W.B- 700124 [Pan: Abyfs8639J] Vs. Acit, Circle-50(1)(2), Kolkata….…..…...............……........……...…..…..Respondent Appearances By: Shri Harsh Vardhan Vhardwaj, Ca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 23, 2022 Date Of Pronouncing The Order : March 02, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.08.2021 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) Had Erred Both In Law & On Facts By Confirming The Order Of The Assessing Officer & Making An Addition Of Rs.2,00,194/- Being Delay In Deposit Of Employees Contribution To Pf & Esi U/S 36(I)(Va) Of The Income Tax Act, 1961 Despite Assessee Contributing/Depositing The Same Before The Due Date Of Filing Of Return Of Income U/S 139(1) Of The Act. 2. The Appellant Craves Leave To Add, To Amend Or Withdraw To All Or Any Ground On Or Before The Hearing Of The Appeal.”
Section 139(1)Section 2(24)(x)Section 250Section 36Section 36(1)(va)Section 43B
…n’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the I.T.A. No.402/Kol/2021 Assessment Year: 2018-19 Saha Textile 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…