CIT v. Ghatge Patil Transports Ltd.

M/S. Steel Fab Engineers, Mumbai vs. ITO WD 26(3) (7), Mumbai

In the result, the appeal of the assessee is treated as allowed for statistical purposes

…we notice that all the payments have been made prior to 30-09-2017, being the due date prescribed for filing return of income for AY 2017-18. Accordingly, following the decision rendered by Hon’ble Bombay High Court in the case of Ghatge Patil Transport Ltd. (368 ITR 749), we direct the AO to delete the disallowance relating to ESI contribution. 7. With regard to disallowance of PF contribution, it is the submission of the assessee, the same is required to be allowed u/s 43B of the Act on the basis of actual payment. In our view, this aspect requires verification at the end of AO in order to verify the claim of…

M/S. Ujjain Waste Management Pvt. Ltd, Mumbai vs. WD 15 (3) (1), Mumbai

In the result, the appeal of the assessee is allowed

…ce the above said payments have been made prior to the due date for filing return of income prescribed u/s 139(1) of the Act. In this regard, the assessee relied on the decision rendered by Hon’ble Bombay High Court in the case of Ghatge Patil Transport Ltd. (368 ITR 749) and other case laws in support of its claim. However, the Ld. CIT(A) rejected the contentions of the assessee by following the amendment brought in by the Finance Act, 2021 in sections 43B and 36(1)(va) of the Act. Aggrieved, the assessee has filed this appeal before us. 4. The Ld DR submitted that the amendment made in Finance Act 2021 is a cl…

M/S. Kalyan Gas Services, Mumbai vs. CIT (A) NFAC, Thane

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2018-19

…es contribution fund was ranging from 2 days to 9 days. 5 M/s. Kalyan Gas Services 8. It is brought to the notice of the Bench that the identical issue has already been decided by the Hon’ble Bombay High Court in case of CIT V. Ghatge Patil Transporters Ltd. 368 ITR 749 by confirming the order passed by the Tribunal that deduction claimed by the assessee on account of employees contribution to PF & ESIC well before the due date of filing return of income is allowable deduction. 9. Hon’ble High Court of Bombay in case of Ghatge Patil Transporters Ltd. (supra) held that both employees’ and employer’s contribution…

Pentas Landscape Pvt. Ltd, Mumbai vs. ADIT CPC, Bengaluru, Thane

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2018-19 & Assessment Year: 2019-20

…hallenging the impugned order passed by the Ld. CIT(A) contended that this issue has already been decided by the co-ordinate Bench of the Tribunal in case of CIT vs. Ghatge Patil Transporters Ltd. which has been confirmed by Hon’ble Bombay High Court cited as 368 ITR 749 (Bom.) and further contended that the amended provisions contained under section 43B read with section 36(1)(va) of the Act are not applicable to the year under consideration. 7. However, on the other hand, the Ld. D.R. for the Revenue relied upon the order passed by the Ld. CIT(A). 8. Undisputedly, the assessee company has deposited the employ…

Pentas Landscape Pvt. Ltd, Mumbai vs. ADIT, CPC, Bangalore, Thane

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2018-19 & Assessment Year: 2019-20

…hallenging the impugned order passed by the Ld. CIT(A) contended that this issue has already been decided by the co-ordinate Bench of the Tribunal in case of CIT vs. Ghatge Patil Transporters Ltd. which has been confirmed by Hon’ble Bombay High Court cited as 368 ITR 749 (Bom.) and further contended that the amended provisions contained under section 43B read with section 36(1)(va) of the Act are not applicable to the year under consideration. 7. However, on the other hand, the Ld. D.R. for the Revenue relied upon the order passed by the Ld. CIT(A). 8. Undisputedly, the assessee company has deposited the employ…

Gea Process Engineering (India) P.Ltd, Gujrat vs. ITO, Mumbai

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2008-09 Dcit, M/S. Gea Process Circle- 2(2)(1), Engineering (India) Pvt. Room No.545, Ltd., Aayakar Bhavan, Vs. Savli Road, M.K. Road, P.O. Dumad, Mumbai - 400020 Baroda, Gujarat- 391740 Pan: Aaacl0566H (Appellant) (Respondent)

…h of the Tribunal in assessee’s own case deleted the same addition by relying upon the decision rendered by Hon’ble Apex Court in case of CIT vs. Vineet Cement Ltd. 213 ITR 68. Hon’ble Bombay High Court in case of CIT vs. Ghatge Patil Transports Ltd. cited as 368 ITR 749 also decided the identical issue in favour of the assessee by upholding the Tribunal order that payment of employees contribution on account of PF before filing of income tax return is allowable deduction and the Hon’ble Supreme Court has also decided the identical issue in case of CIT v. Alom Extrusions Ltd. cited as 319 ITR 306. So in view of t…

DCIT Cir 2(2)(1), Mumbai vs. Gea Process Engineering ()I) P.Ltd, Gujrat

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2008-09 Dcit, M/S. Gea Process Circle- 2(2)(1), Engineering (India) Pvt. Room No.545, Ltd., Aayakar Bhavan, Vs. Savli Road, M.K. Road, P.O. Dumad, Mumbai - 400020 Baroda, Gujarat- 391740 Pan: Aaacl0566H (Appellant) (Respondent)

…h of the Tribunal in assessee’s own case deleted the same addition by relying upon the decision rendered by Hon’ble Apex Court in case of CIT vs. Vineet Cement Ltd. 213 ITR 68. Hon’ble Bombay High Court in case of CIT vs. Ghatge Patil Transports Ltd. cited as 368 ITR 749 also decided the identical issue in favour of the assessee by upholding the Tribunal order that payment of employees contribution on account of PF before filing of income tax return is allowable deduction and the Hon’ble Supreme Court has also decided the identical issue in case of CIT v. Alom Extrusions Ltd. cited as 319 ITR 306. So in view of t…

M/S. Super Tiles & Marbles Pvt. Ltd, Mumbai vs. NFAC, New Delhi

In the result, appeals of the assessee are allowed

Bench: The Due Date Of Filing Of Income Tax Returns U/S.139(1) Of The Act, Could Be Subject Matter Of Adjustment U/S.143(1)(A) Of The Act By The Central Processing Centre (Cpc).

…s case, at the minimum, cannot fall in this category. Our attention was invited to Hon'ble jurisdictional High Court's judgments in the cases of CIT v. Hindustan Organic Chemicals Limited [(2014) 366 ITR 1 (Bom)] and CIT v. Ghatge Patil Transports Ltd [(2014) 368 ITR 749 (Bom)]. What is on record, in this case, is an audit report which is prepared by a third party, i.e. an independent tax auditor, and a lapse in the tax audit report, as indeed in this case, M/s. Super Tiles and Marbles Pvt. Ltd., cannot be put against the assessee for the purpose of a disallowance under section 143(1). For this short reason alon…

Ketan Brothers Diamonds Exports, Mumbai vs. ACIT 23(2) /ACIT 23(1), Mumbai

In the result, appeal by the assessee is allowed for statistical purpose

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…s case, at the minimum, cannot fall in this category. Our attention was invited to Hon‟ble jurisdictional High Court‟s judgments in the cases of CIT Vs Hindustan Organic Chemicals Limited [(2014) 366 ITR 1 (Bom)] and CIT Vs Ghatge Patil Transports Ltd [(2014) 368 ITR 749 (Bom)].What is on record, in this case, is an audit report which is prepared by a third party, i.e. an independent tax auditor, and a lapse in the tax audit report, as indeed in this case, cannot be put against the assessee for the purpose of a disallowance under section 143(1). For this short reason alone, according to the learned counsel, the i…

Swaroopsing Bhadursingh Rathore, Thane vs. Asstt.Director of Income Tax, CPC, Banglore

In the result, appeals of the assessee are allowed

Bench: The Due Date Of Filing Of Income Tax Returns U/S.139(1) Of The Act, Could Be Subject Matter Of Adjustment U/S.143(1)(A) Of The Act By The Central Processing Centre (Cpc).

…s case, at the minimum, cannot fall in this category. Our attention was invited to Hon'ble jurisdictional High Court's judgments in the cases of CIT v. Hindustan Organic Chemicals Limited [(2014) 366 ITR 1 (Bom)] and CIT v. Ghatge Patil Transports Ltd [(2014) 368 ITR 749 (Bom)]. What is on 4 ITA No.1826/Mum/2021 & ITA No.1827/Mum/2021 Shri Swaroopsingh Bhadursingh Rathore record, in this case, is an audit report which is prepared by a third party, i.e. an independent tax auditor, and a lapse in the tax audit report, as indeed in this case, cannot be put against the assessee for the purpose of a disallowance unde…

Swaroopsingh Bhadursingh Rathore, Thane vs. Deputy Commissioner of Income Tax - CPC, Banglore

In the result, appeals of the assessee are allowed

Bench: The Due Date Of Filing Of Income Tax Returns U/S.139(1) Of The Act, Could Be Subject Matter Of Adjustment U/S.143(1)(A) Of The Act By The Central Processing Centre (Cpc).

…s case, at the minimum, cannot fall in this category. Our attention was invited to Hon'ble jurisdictional High Court's judgments in the cases of CIT v. Hindustan Organic Chemicals Limited [(2014) 366 ITR 1 (Bom)] and CIT v. Ghatge Patil Transports Ltd [(2014) 368 ITR 749 (Bom)]. What is on 4 ITA No.1826/Mum/2021 & ITA No.1827/Mum/2021 Shri Swaroopsingh Bhadursingh Rathore record, in this case, is an audit report which is prepared by a third party, i.e. an independent tax auditor, and a lapse in the tax audit report, as indeed in this case, cannot be put against the assessee for the purpose of a disallowance unde…

M/S. Indigenous Bureau of India, Mumbai vs. CIT (A) NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 81 & 82 /Mum/2022 (A.Ys. 2018-19 & 2019-20) M/S Indigenous Bureau Vs. Cit(A) Of India (Formerly Known As Nfac, Delhi Investigation Bureau Of India) 164, 3Rd Floor, Zaveri Chambers, Modi Street, Fort, Mumbai – 400001 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaafi1617H Appellant .. Respondent

…dent Fund Act and ESIC Act but paid before due date of filing the return of income w/s 139(1)'is a controversial issue where many high court judgments including the jurisdictional bombay high court judgement in the case of CIT vs Ghadge Patil Transporters Ltd 368 ITR 749 are in favor of assessee and few high court judgments other than the jurisdictional high court are in favor of revenue. Thus the said addition is controversial legal issues and hence beyond the purview of the provision of section 143(1)(aX(i to vi). Therefore the said addition by way of adjustment u/s 143(1) is bad in law and may please be delete…

M/S. Indigenous Bureau of India, Mumbai vs. CIT (A) NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 81 & 82 /Mum/2022 (A.Ys. 2018-19 & 2019-20) M/S Indigenous Bureau Vs. Cit(A) Of India (Formerly Known As Nfac, Delhi Investigation Bureau Of India) 164, 3Rd Floor, Zaveri Chambers, Modi Street, Fort, Mumbai – 400001 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaafi1617H Appellant .. Respondent

…dent Fund Act and ESIC Act but paid before due date of filing the return of income w/s 139(1)'is a controversial issue where many high court judgments including the jurisdictional bombay high court judgement in the case of CIT vs Ghadge Patil Transporters Ltd 368 ITR 749 are in favor of assessee and few high court judgments other than the jurisdictional high court are in favor of revenue. Thus the said addition is controversial legal issues and hence beyond the purview of the provision of section 143(1)(aX(i to vi). Therefore the said addition by way of adjustment u/s 143(1) is bad in law and may please be delete…

Parekhplast India Ltd, Mumbai vs. DCIT, Mumbai

In the result, appeal by assessee is allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं.76/मुं/2022 ("न.व. 2018-19) Parekhplast India Limited, 101,Shiva Plaza ,Marol Industrial Co-Operative Limited, Andheri-Kurla Road, Andheri (East), Mumbai 400 059. Pan: Aabcp-4523-B ...... अपीलाथ"/Appellant बनाम Vs. Nfac,Delhi. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Tejas Sodha ""तवाद" "वारा/Respondent By : Shri R.A.Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 31/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 31/05/2022 आदेश/Order Per Vikas Awasthy, Jm:

…t. The ld.Authorized Representative for the assessee vehemently submitted that the CIT(A) failed to follow the decision of Hon'ble Jurisdictional High Court in the case of Hindustan Organic Chemical Ltd., 366 ITR1(Bom) and CIT vs. Ghatge Patil Transport Ltd., 368 ITR 749(Bom). The ld.Authorized Representative of the assessee submitted that the Tribunal in the case of Mindcrest (India) P.Ltd. vs. Asst. DIT in ITA No.1430/Mum/2021 decided on 26/0/2022 and various other decisions has held the amendment to section 36(1)(va) and section 43B of the Act is prospective effective from 01/04/2021. 3. Per contra, ShriR.A.Dh…

Global Waste Management Cell P. Ltd, Mumbai vs. Income Tax Department, Bengaluru

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

…vering the issue in favour of the assessee is not proper. 08. Further reliance placed upon the decision of Kerala High Court in CIT V Merchem Limited does not help the case of the revenue in view of the decision of the honourable jurisdictional High Court in 368 ITR 749. As the issue involved in this appeal is squarely covered in favour of the ITA No.137 to 139/Mum/2022 Global Waste Management Cell Pvt. Ltd.; A.Ys. 17-18 to 19-20 assessee, respectfully following the same, we reverse the orders of the lower authorities and direct the learned Assessing Officer to delete the disallowance of late deposit of employee…

Global Waste Management Cell P. Ltd, Mumbai vs. Income Tas Department, Bengaluru

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

…vering the issue in favour of the assessee is not proper. 08. Further reliance placed upon the decision of Kerala High Court in CIT V Merchem Limited does not help the case of the revenue in view of the decision of the honourable jurisdictional High Court in 368 ITR 749. As the issue involved in this appeal is squarely covered in favour of the ITA No.137 to 139/Mum/2022 Global Waste Management Cell Pvt. Ltd.; A.Ys. 17-18 to 19-20 assessee, respectfully following the same, we reverse the orders of the lower authorities and direct the learned Assessing Officer to delete the disallowance of late deposit of employee…