CIT v. Hindustan Organic Chemicals Limited

Tuff Guard Force Private Limited, Ghatkopar West vs. CIT(Appeals) NFAC, Delhi

In the result, the appeal of the assessee is partly allowed

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhassessment Year: 2017-18 M/S. Tuff Guard Force Pvt. Ltd., Commissioner Of Income 207, Kails Esplanade, Lbs Marg, Vs. Tax (Appeals), Nfac, Ghatkopar (W), Delhi. Mumbai 400 086 Pan No.Aabcb4892K Appellant Respondent Revenue By : Shri D.B. Shah. Assessee By : Shri Pankaj Kumar (D.R.) Date Of Hearing : 21.06.2022. Date Of Pronouncement : 12.07.2022. O R D E R Per Amarjit Singh, A.M. This Appeal Is Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.28.01.2021 For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

…specified in PF/ESIC Acts but before the due date of filing the return of income as prescribed in section 139(1) of the act. We have perused the decision of Hon’ble Jurisdiction Bombay High Court in the case of CIT v. Hindustan Organics Chemicals Ltd. (2014) 366 ITR 1 (Bom) and decision of Ghatge Patil Transports Ltd. (2014) 368 ITR 249 (Bom). In the case of Hindustan Organics Chemicals Ltd. it is held that payment of employees contribution towards provident fund could not be disallowed on account of delayed payment in view of amendment to Section 43B of the Act. In the case of Ghatge Patil Transports Ltd. (supr…

DCIT, Circle -1, Thane vs. M/S Accura Pharmaquip Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue stands dismissed

…icial precedents of Hon’ble jurisdictional High Court- as in this 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…

Jagdamba Service Solution Pvt Ltd, Mumbai vs. CIT(A) (NFAC)- Delhi, Delhi

In the result, the appeal of the assessee is hereby allowed

…icial precedents of Hon’ble jurisdictional High Court- as in this 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…

T K Steel Rolling Mills Private Limited, Mumbai vs. DCIT, CPC, Bangaluru

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

T K Steel Rolling Mills Private Limited, Mumbai vs. DCIT, CPC, Bangaluru

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

Surana Motors Private Limited, Mumbai vs. Dy CIT, CPC, Bangalore

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

Master Polishers Private Limited, Mumbai vs. DCIT, CPC, Mumbai

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

Nilesh V. Metha, Mumbai vs. DCIT 32(1), Mumbai

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

M/S Vaishali Pharma Limited, Mumbai vs. Dy CIT CPC, Bangaluru

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

M/S. Mazgaon Dock Shipbuilders Ltd, Mumbai vs. Addl/Jt/Dy/ACIT, Delhi

In the result, the appeal of the assessee is allowed

…icial precedents of Hon’ble jurisdictional High Court- as in this 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…

Stg Refractory Services Pvt. Ltd., Mumbai-400042 vs. Dy Commissioner of Income Tax, Central Processing Centre, Karnataka-560500

In the result, all the appeals are allowed in the terms indicated above

…e impact of insertion of Explanation 2 is not subject matter of our adjudication, as we are simply concerned with the legal position as a result of Hon’ble jurisdictional High Courts 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)] and the limited scope or adjustments which can be made under section 143(1), he also fairly accepted that so far as this aspect of the matter is concerned, the issue is covered, in favour of the assessee, by a coordinate bench decision in the case of Kalpesh Synthetics Pvt Ltd…

Preety Arora, Mumbai vs. ADIT (CPC), Mumbai

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

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalpreety Arora Vs. Adit (Cpc) 96, Shanghrila Shahid Karnataka Bhagatsingh Road Colaba 560100 Maharashtra – 400005 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aadpa3141M Appellant .. Respondent Appellant By : Ms.Pooja Hasrajani Respondent By : Mr. R.A. Dhyani Date Of Hearing 08.06.2022 Date Of Pronouncement 15.06.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O. U/S 143(1) Of The Income Tax Act, 1961, For A.Y. 2018-19. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us:

…ts. The CIT(A) has noted the case laws in favour of Revenue: 1. Popular Vehicles & Services (P) Ltd. Vs. CIT [2018] 96 taxmann.com 13/257 Taxman 120/406 ITR 150 (Ker.) 2. CIT v. Gujarat State Road Transport Corporation [2014] 41 taxmann.com 100/223 Taxman 398/366 ITR 170 (Guj) 3. CIT v. Merchem Ltd. [2015] 61 taxmann.com 119/235 Taxman 291/378 ITR 443 (Ker.). The CIT(A) himself noted the ambiguity in para 7.4 of his order, which reads as under: 7.4 While rendering above decisions the Hon’ble High Courts had the occasion to examine and distinguish a catena of judgements which are usually relied upon by appellants…

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).

…icial precedents of Hon'ble jurisdictional High Court- as in this 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…

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

…icial precedents of Hon‟ble jurisdictional High Court- as in this 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…

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).

…icial precedents of Hon'ble jurisdictional High Court- as in this 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…

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).

…icial precedents of Hon'ble jurisdictional High Court- as in this 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…