Atharva Polymers Private Limited, Shirur vs. Deputy Commissioner of Income-Tax, Circle -1(1), Pune
In the result, appeal of the Assessee is Partly Allowed
ITA 1912/PUN/2019[2014-15]Status: DisposedITAT Pune06 Jul 2022AY 2014-15
Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1912/Pun/2019 िनधा"रणवष" / Assessment Year : 2014-15 Atharva Polymers Private The Dy.Commissioner Of Limited, Vs. Income Tax, Cricle-1(1), Gat No.596, Dhoksanghvi, Pune. Ranjangaon Ganpati, Tal.Shirur, Pune – 412209. Pan: Aahca 1363 L Appellant/ Assessee Respondent /Revenue Assessee By Shri Rohit Tapadiya– Ar Revenue By Shri S P Walimbe – Dr Date Of Hearing 09/06/2022 Date Of Pronouncement 06/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Punedated 25.07.2019For The A.Y.2014-15.The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Passing Ex Party Order. 2. The Ld. Ao Erred & Cit(A) Erred In Confirming The Addition Made Of Rs.1,93,452/- On Account Of Delayed Contribution Made To Pf Although The Same Was Paid Before The Due Date Of Furnishing Of Return U/S 139(1). 3. The Ld. Ao Erred & Ld. Cit(A) Erred In Confirming The Treatment Made W.R.T. Subsidy Received Of Rs.2,72,696/- Under Ip Scheme By Deducting The Receipt From Block Of Asset. 4. The Ld. Ao Erred & Ld. Cit(A) Erred In Not Treating The Subsidy Received Under Ip Scheme As Capital Receipt.
Section 139(1)Section 143(3)
…EPF. The said issue is covered in favour of assessee by the decision of various Hon’ble High Courts i.e. in the case of CIT vs. Nipso Polyfabriks Ltd. (2013) ITA No.1912/PUN/2019 for A.Y. 2014-15 Atharva Polymers Pvt. Ltd., Vs. Dy.CIT, Circle1(1), Pune (A) 350 ITR 327 (HP) the Hon’ble High Court has held that “there exists no difference between employees or employer’s contribution and both are to be allowed as deduction if deposited before the due date.” 5.2 The Hon’ble Jurisdictional High Court held in the case of CIT Vs. Ghatge Patil Transports Ltd., IT APPEAL Nos.1002 & 1034 of 2012 vide order dated 14/10/…
