CIT v. Vinay Cement Ltd.

Flying Fabrication, Gurgaon vs. ADIT, CPC, Bengalurur

In the result, the disallowance confirmed by the Appeal Centre is deleted

Bench: Shri Amit Shukla & Shri Prashant Maharishi

…Act and as such payment has been made and deposited in the Government account within the stipulated time u/s.139(1) then no disallowance can be made in view of the decision of the Hon’ble Apex Court in the case of CIT vs. Vinay Cement Ltd., reported in (2007) 213 ITR 268 and Hon’ble Delhi High Court in the case of CIT vs. AIMIL Ltd. (2009) 321 ITR 508 (Del). 3. In the order of National Faceless, i.e., the First Appellate order, the relevant finding on this issue for the Assessment Year 2018-19 are as under: 5 I.T.A. No.1049 & 1407/Del/2021 “4.3 I have examined the issue. It is matter of fact that the appellan…

Flying Fabrication, New Delhi vs. DCIT, CPC, Bengaluru

In the result, the disallowance confirmed by the Appeal Centre is deleted

Bench: Shri Amit Shukla & Shri Prashant Maharishi

…Act and as such payment has been made and deposited in the Government account within the stipulated time u/s.139(1) then no disallowance can be made in view of the decision of the Hon’ble Apex Court in the case of CIT vs. Vinay Cement Ltd., reported in (2007) 213 ITR 268 and Hon’ble Delhi High Court in the case of CIT vs. AIMIL Ltd. (2009) 321 ITR 508 (Del). 3. In the order of National Faceless, i.e., the First Appellate order, the relevant finding on this issue for the Assessment Year 2018-19 are as under: 5 I.T.A. No.1049 & 1407/Del/2021 “4.3 I have examined the issue. It is matter of fact that the appellan…

Indian Geotechnical Services, New Delhi vs. ACIT, Circle- 61(1), New Delhi

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

Bench: Shri R.K. Panda & Shri Vijay Pal Rao

…d the learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of I.T.A. No.622/DEL/2018 10 the Division Bench of the Madras High Court in the case of CIT v. Synergy Financial Exchan…

Addl. CIT, Special Range- 9, New Delhi vs. Tv Today Network Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

…(Delhi) wherein the jurisdictional High Court has allowed the appeal on this point relying on the principles laid down by the Apex Court in Commissioner of Income Tax vs. Alom Extrusions Limited (2009) 319 ITR 306 (SC) as well as in CIT vs. Vinay Cement Ltd. 213 ITR 268 (SC) where the Hon’ble Supreme Court has dismissed the SLP of the Revenue on this point. Accordingly, the disallowance on this point (Rs.43,14,198/-) is deleted and the ground of appeal is allowed. 19. Ld. AR for the assessee supporting the order passed by the ld. CIT (A) contended that both the provisions contained u/s 36(1)(va) and section 43B…

DCIT, Circle- 20(1), New Delhi vs. Planman Hr (P) Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year : 2014-15 Dcit, Vs Planman Hr (P) Ltd., Circle-20(1), 48, Community Centre, New Delhi. Naraina Industrial Area, Phase-I, New Delhi. Pan: Aafcp0981K (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Revenue By : Shri Farhat Khan, Sr. Dr Date Of Hearing : 06.07.2021 Date Of Pronouncement : 15.07.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 30Th May, 2017 Of The Cit(A)-7, New Delhi, Relating Assessment Year 2014-15. 2. The First Ground Raised By The Revenue Reads As Under:- “1. On The Facts & Under The Circumstances Of The Case, The Ld.Cit(A) Has Erred In Law In Deleting The Addition Of Rs. 54,31,041/- Made By The Ao Without Appreciating The Fact That The Amount Has Been Paid By Assessee Was On Account Of Infraction The Basis Of Explanation To Section 37 Of The Act Which Says That Any Expenditure Incurred By An Assessee For Any Purpose Which Is An Offence Or Which Is Prohibited By Law Shall Not Be Deemed To Have Been Incurred For The Purpose Of Business Or Profession & No Deduction Or Allowance Shall Be Made In Respect Of Such Expenditure.”

…se of CIT vs. AIMIL Ltd. (2010) 321 ITR 508 has held that the assessee can get the benefit of deduction if the payment is made before the return is filed, as per the principle laid down by the Hon'ble Supreme Court in the case of CIT vs. M/s Vinay Cement Ltd. 213 ITR 268. I find that the appellant has paid the Employee’s contribution to provident fund at Rs.6,98,27,223/- ESIC of Rs. 1,29,88,031/- and professional tax of Rs.57,47,336/- out of Rs.62,37,986/- aggregating to Rs.8,85,62,590/- out of Rs.8,90,53,240/- disallowed in the assessment order before the due date of furnishing the return u/s 139(1) of the I.T.…

A Design India Pvt Ltd, New Delhi vs. ITO Ward - 1(1), New Delhi

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

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘A’, NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA No.5915/Del./2019 Assessment Year: 2016-17 A Design India Pvt. Ltd., Vs. ITO, S-126, GK-II, South Delhi, Ward-1(1), New Delhi New Delhi PAN :AAHCA0593J (Appellant) (Respondent) Appellant by Shri Satyaji Goel, Adv. Respondent by Shri Satpal Gulati, CIT(DR) Date of hearing 10.12.2020 Date of pronouncement 23.12.2020 ORDER PER O.P. KANT, AM: This appeal by the assessee is directed against order dated 30/04/2019 passed by the learned Commissioner of Income-tax…

M/S DCIT, New Delhi vs. M/S. Planman Hr Pvt. Ltd., New Delhi

The appeal of the Revenue is dismissed

Bench: Shri S. V. Mehrotra & Ms. Suchitra Kambledcit Vs Planman Hr Pvt. Ltd. Circle 20(1) 48, Community Center, New Delhi Naraina Industrial Area, Phase-I, New Delhi – 110028 Aafcp0981K (Appellant) (Respondent)

…ee paid the Employees’ contribution to provident fund, ESIC and professional tax before the due date of furnishing the return u/s. 139(1) of the Income Tax Act, 1961. The CIT(A) held that in view of the legal position in case of CIT vs. M/s. Vinay Cement Ltd. 213 ITR 268 decided by the Hon’ble Supreme Court and in case of CIT Vs. AIMIL Ltd. (2010) 321 ITR 508 decided by the Hon’ble Delhi High Court, the Assessing Officer was not justified in making the disallowance and deleted the same. 5. The Ld. DR submitted that the Assessing Officer has rightly made an addition of Rs. 7,91,59,691/- on account of late deposit…

Ekta Agro Industries Ltd vs. Income Tax Officer

…d the learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. - 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the CIT v. Nexus Computer (P) Ltd by a judgment dated 18.8 passed in Tax Case (A) No. 1192/2008 discussed the im…

Spearhead Digital Studio P.Ltd vs. Commissioner of Income Tax

…d the learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. - 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the Division Bench of the Madras High Court in the case of CIT v. CIT v. Nexus Computer (P) Ltd by a judgment da…

Commissioner of Income Tax vs. AIMIL Limited

…e learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the Division Bench of the Madras High Court in the case of CIT v. Synergy Financial Exchange Ltd: (2007)288…

The Commissioner of Income Tax vs. Modipon Ltd

…d the learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v vinay cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. B. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the f Hi h C t i th of CIT judgments v,rhere Vinay Cement (supra) is it will not be possible to accept the contention…

Commissioner of Income Tax V vs. P.M.Electronics Ltd

…e learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the Division Bench of the Madras High Court in the case of CIT v. Synergy Financial Exchange Ltd: (2007)288…

The Commissioner of Income Tax-V vs. P M Electronics Ltd

…e learned counsel for the Revenue, as well as, the assessee, we are of the view that the view taken by the Tribunal deserves to be sustained as it is no longer res integra in view of the decision of the Supreme Court in the case of CIT v Vinay Cement Ltd: 213 ITR 268 which has been followed by a Division Bench of this Court in the case of CIT v. Dharmendra Sharma: 297 ITR 320. 8. Despite the aforesaid judgments, the learned counsel for the Tribunal has contended that in view of the judgment of the Division Bench of the Madras High Court in the case of CIT v. Synergy Financial Exchange Ltd: (2007)288…