CIT v. Ghatge Patil Transports Ltd.

Vishnu Sadu Gade, Mumbai vs. DCIT Circle 3, Thane

In the result, the appeal of the Assessee is allowed

Bench: Shri Prashant Maharshi () & Kavitha Rajagopal () Vishnu Sadu Gade Vs Dcit, Circle-3, Thane 6Th Floor, Ashar It Park, Wagle C-3, 302, Ashar Estate Shreenagar, Thane (W) Industrial Estate, Road No.26Z Pan : Aabpg4702C Thane (W) – 400 604 Appellant Respondent

…bservations, we are of the considered opinion that the issue relating to delayed deposit of EPF / ESI has already been dealt with by various Hon’ble High Courts including the jurisdictional Hon’ble Bombay High Court in CIT vs Ghatge Patil Transport Ltd (2014) 368 ITR 749 (Bom) wherein it was held that the decision of the Hon’ble Apex Court in CIT vs Alom Extrusions Ltd (2009) 319 ITR 306 (SC) that the amendment to section 43B of I.T. Act was applicable to both employer’s as well as employees’ contribution. Furthermore, the amendment brought out in the Finance Act, 2021 was only prospective and not retrospective t…

M/S. Meremma Basavaraj Belli, Mumbai vs. ADIT, CPC, Bengalure

In the result, appeal by the assessee is partly allowed

Bench: Shri Pramod Kumar & 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…

Axis Carriers and Logistics Ltd, Mumbai vs. DCIT, CPC, Bangaluru

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & 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…

Shri Tejindersingh S Anand, Mumbai vs. ADIT CPC, Bangaluru

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & 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 Shri Tejindersingh S. Anand ITA No.579/Mum./2022 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 re…

Mumbai District Central Co Op Bank Ltd, Mumbai vs. CIT, Mumbai

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & 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…

Chandresh Cabels Ltd, Mumbai vs. ADIT CPC, Mumbai

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

Bench: Shri Pramod Kumar & 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…

Brillpharma Pvt. Ltd., Mumbai vs. ACIT, CPC, Bangalore

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

Bench: Shri Pramod Kumar & 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…

M/S. Olive Bar & Kitchen Pvt. Ltd, Mumbai vs. ADIT CPC, Bangalore

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & 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…

M/S. Chemtron Science Laboratories Pvt. Ltd, Mumbai vs. CIT (A) NFAC, Bengaluru

In the result, appeal by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.2386/मुं/2021 ("न.व. 2018-19) M/S. Chemtron Science Laboratories Private Limited, El-47, Electronic Zone, Midc, Mahape, Navi Mumbai 400 710. Pan: Aaccc-3596-J ...... अपीलाथ" /Appellant बनाम Vs. The Commissioner Of Income Tax (A)-(Nafc) Delhi. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Shashank Mehta ""तवाद" "वारा/Respondent By : Ms. Vranda U. Matkari सुनवाई क" "त"थ/ Date Of Hearing : 24/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 24/05/2022 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 further submitted that the Tribunal in the case of Crescent Roadways Pvt. Ltd. [2021] TS 510-ITAT-2021 (Hyd) 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, Ms. Vranda U. Matkari representing the Department veheme…

Nss Equipments India LLP, Mumbai vs. Dy CIT, CPC, Bangalore

In the result, appeal by assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.1394/मुं/2021 ("न.व. 2018-19) Nss Equipments India Llp, Shetty House, Panchsheel Nagar, Vasant Patil Marg, Sion, Chnabhatti, Mumbai 400 022. Pan: Aakfn-7271-J ...... अपीलाथ" /Appellant बनाम Vs. The Dy.Cit, Cpc Bangalore, 1St Floor, Prestige Alpha No.48/1 48/2, Beratenaagrahara Begur, Hosur Road, Uttarahalli Hobli, Bengaluru – 560 100. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri C.T. Mathews सुनवाई क" "त"थ/ Date Of Hearing : 24/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 24/05/2022 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 Crescent Roadways Pvt. Ltd. [2021] TS 510-ITAT-2021 (Hyd) 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, Shri C.T. Mathews representing the Department vehemently defende…

Babubhai Jagjivandas, Mumbai vs. ADIT (CPC), Banglore

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

Bench: Shri Amit Shukla & Shri Amarjit Singhbabubhai Jagjivandas Vs. Asstt. Director Of Income 128, Vishnu Niketan, Tax(Cpc), Bangalore Prathna Samaj Road, [Acit-19(1)Mumbai] New Charni Road, Matru Mandir, Mumbai – 400004 Mumbai - 400007 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaafb5829N Appellant .. Respondent

…on account of alleged delay in payment towards Provident Fund, ESIC and any Other Welfare Fund u/s 36(1)(va) r.w.s 43B and 2(24)(x) of the Act. a. By disregarding the judgement of Jurisdictional High Court of Bombay in the case of Ghatge Patil Transports Ltd. 368 ITR 749 and Hind Filter Ltd 90 taxmann.com 51 (Bombay) and Alom Extrusions Ltd. [2009] 319 ITR 306 (SC). b. By disregarding the fact that the judgement of Jurisdictional High Court is binding even in faceless appeal and assessment as per the order of Mahadev Cold Storage 127 taxmann.com 722 (Agra) I which it is held that, “Though Centralized NFAC has bee…

Ajay Naresh Aggarwal, Mumbai vs. CIT(A) NFAC, Delhi

In the result, the appeal of the Assessee is allowed

Bench: Shri M. Balaganesh () & Kavitha Rajagopal () Ajay Naresh Aggarwal Vs Income-Tax Officer 6 & 7, Court House Circle 18(1), Mumbai L.T. Marg, Dhobi Talao Mumbai-400 002 Pan : Adopa5571B Appellant Respondent

…bservations, we are of the considered opinion that the issue relating to delayed deposit of EPF / ESI has already been dealt with by various Hon’ble High Courts including the jurisdictional Hon’ble Bombay High Court in CIT vs Ghatge Patil Transport Ltd (2014) 368 ITR 749 (Bom) wherein it was held that the decision of the Hon’ble Apex Court in CIT vs Alom Extrusions Ltd (2009) 319 ITR 306 (SC) that the amendment to section 43B of I.T. Act was applicable to both employer’s as well as employees’ contribution. Furthermore, the amendment brought out in the Finance Act, 2021 was only prospective and not retrospective t…

R.P..Synthetics, Mumbai vs. DCIT CPC, Bangalore

In the result, the appeals of the assessee stands allowed

Bench: Hon'Ble Shri Sanjay Gargr.P. Synthetics The Dcit Plot No.. R.67, Midc Cpc, Bangalore, Thane Belapur Road, Vs. Karnataka-560500 Navi Mumbai-400 701 (Respondent) (Appellant) Pan No.Aaefr7566C Assessee By : Shri Vinay Devi, Ar Revenue By : Shri. Anil Gupta, Dr Date Of Hearing: 19.05.2022 Date Of Pronouncement : 19.05.2022

…t, 2021 to section 43B are clarificatory in nature and have retrospective effect and ignoring the order of the jurisdictional Mumbai High Court in the case of R.P. Synthetics; A.Y. 18-19 The Commissioner Of Income Tax Versus Ghatge Patil Transports Ltd [2014] 368 ITR 749 (Bom) October 14, 2014 as per which all payments i.e. both employer and employee contribution are allowable if paid by the due date of filing the return. All payments have been made by the company much prior to the due date of filing the return i.e. 31/10/2018 hence no disallowance is called for.” 03. At the outset, the ld. Counsel for the asses…

Dicitex Home Furnishing Pvt. Ltd, Mumbai vs. DCIT Cir 1 (3) (1), Mumbai

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) & Could Be Allowed As Deduction.

…invited to Hon'ble jurisdictional High Court's judgments in the cases 4 ITA No.1715 & 1716/Mum.2021 M/s. Dicitex Home Furnishing Pvt. Ltd., 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, 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…

Triton Maritime Private Limited, Mumbai vs. DCIT -5(3) (1), Mumbai

In the result, appeal of the assessee is allowed

…of the case, the CIT(A) legally erred in not discussing the submissions made by the appellant and also not following the binding decisions of the Hon'ble Jurisdictional Bombay High Court which were relied on by the appellant i.e. Ghatge Patil Transports Ltd. (368 ITR 749) and Hindustan Organics Chemicals Limited (ITA 399 of 2012) 1.2 On the facts and in the circumstances of the case, the CIT(A), failed to appreciate the fact of that the company is assessed to under provisions of Tonnage Tax and therefore as such no deduction is claimed. The appellant has disallowed the tonnage tax loss at Rs. 2,58,33,967/-, as a…

Espresso Financial Services Pvt. Ltd, Mumbai vs. DCIT, CPC, Bangalore

In the result, appeal by assessee is allowed

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.2048/मुं/2021 ("न.व. 2017-18) Espresso Financial Services Private Limited, (Formerly Known As Sharekhan Comtrade Private Limited) 10Th Floor, Beta Building, Ithink Techno Park,Off Jvlr, Kanjurmarg(East), Mumbai 400 042. Pan: Aawcs-2915-D ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Cpc, Bangalore – 560 500 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Manoj Mundra ""तवाद" "वारा/Respondent By : Shri Anil A. Gupta सुनवाई क" "त"थ/ Date Of Hearing : 17/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 17/05/2022 आदेश/ Order

…आयकर अपील"य अ"धकरण मुंबई पीठ “एस एम सी ” "ी "वकास अव"थी, "या"यक सद"य एवं "ी एस. "रफौर रहमान, लेखा सद"य के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “ SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN , ACCOUNTANT MEMBER आअसं.2048/मुं/2021 ("न.व. 2017-18) Espresso Financial Services Private Limited, (Formerly known as Sharekhan Comtrade Private Limited) 10th Floor, Beta Building, Ithink Techno Park,Off JVLR, Kanjurmarg(East), Mumbai 400 042. PAN: AAWCS-2915-D ...... अपीलाथ" /Appellant बनाम Vs. DCIT, CPC, Bangalore – 560 500 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appella…