Essae Teraoka Pvt. Ltd. v. DCIT

M/S. L K Trust, Bengaluru vs. The Deputy Commissioner of Income Tax, CPC, Bengaluru

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…ontribution to PF and ESI having regard to the 6 M/s.L.K.Trust. provisions of section 43B of the I.T.Act. In this context, the assessee relied on the judgment of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, reported in 366 ITR 408 (Kar.). The CIT(A), however, rejected the appeal of the assessee. The CIT(A) noticed the difference between employer and employee contribution to PF and ESI and held that only employers contribution to PF and ESI is entitled to deduction u/s 43B of the I.T.Act, if the same is paid prior to due date of filing of return of income u/s 139(1) of the…

M/S. Canadian International School Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2018-19

…record. Admittedly, the assessee has remitted the Page 3 of 6 employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was made prior to the due date of filing of return of income u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court differed with the judgment of the Hon'ble Gujarat High Court in the case of CIT v. Guja…

M/S. Goodwill Enterprises, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2019-20 M/s. Goodwill Enterprises, The Assistant No. 25, 80 Feet Road, Director of BSK 3rd Stage, Income Tax, 3rd Phase, CPC, Bengaluru – 560 085. Vs. Bangalore. PAN: AAGFG4410N APPELLANT RESPONDENT : Shri Joseph Varghese, Assessee by Advocate : Shri Venudhar Godesi, JCIT Revenue by DR Date of Hearing : 21-07-2022 Date of Pronouncement : 21-07-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by assessee against…

Lmg Consulting Services India Private Limited (Formerly Known As Splash Fashions India Private Limited), Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2019-20 M/S. Lmg Consulting Services India Pvt. Ltd., [Formerly Known As Splash Fashions India The Assistant Pvt. Ltd.], Director Of 4Th Floor, Building No. 3, Income Tax, 77 Town Centre, Cpc, Off Hal Airport Road, Vs. Bangalore. Yemlur, Bangalore – 560 037. Pan: Aarcs5369N Appellant Respondent Assessee By : Smt. Rashmi R, Advocate : Shri Venudhar Godesi, Jcit Revenue By Dr Date Of Hearing : 21-07-2022 Date Of Pronouncement : 21-07-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 31/03/2022 U/S. 250 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2019-20 On Following Grounds Of Appeal: “1. Disallowance Towards Delayed Remittance Of Employees' Contribution To Provident Fund ["Pf"] Under Section 36(1)(Va) Of The Act

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2019-20 M/s. LMG Consulting Services India Pvt. Ltd., [Formerly known as Splash Fashions India The Assistant Pvt. Ltd.], Director of 4th Floor, Building no. 3, Income Tax, 77 Town Centre, CPC, Off HAL Airport Road, Vs. Bangalore. Yemlur, Bangalore – 560 037. PAN: AARCS5369N APPELLANT RESPONDENT Assessee by : Smt. Rashmi R, Advocate : Shri Venudhar Godesi, JCIT Revenue by DR Date of Hearing : 21-07-2022 Date of Pronouncement : 21-07-2022 ORDER PER BEENA…

Datacorp Traffic Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Central Circle-2(4), Bangalore

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…duction of the employees’ contribution of PF and ESI having regard to the provision to section 43B of the Act. In this context, the assessee relied on the judgment of the Hon’ble Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, reported in 366 ITR 408. The CIT(A) after noticing the difference between the employer’s contribution and employees’ contribution to PF and ESI held that only employer’s contribution to the PF and ESI is entitled to deduction u/s 43B of the I.T.Act, if the payments are made prior to the due date of filing of the return u/s 139(1) of the I.T.Act. Further, by placing reli…

Datacorp Traffic Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Central Circle-2(4), Bangalore

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…duction of the employees’ contribution of PF and ESI having regard to the provision to section 43B of the Act. In this context, the assessee relied on the judgment of the Hon’ble Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, reported in 366 ITR 408. The CIT(A) after noticing the difference between the employer’s contribution and employees’ contribution to PF and ESI held that only employer’s contribution to the PF and ESI is entitled to deduction u/s 43B of the I.T.Act, if the payments are made prior to the due date of filing of the return u/s 139(1) of the I.T.Act. Further, by placing reli…

L & W Construction Private Limited, Bengaluru vs. The Income Tax Officer, Ward-4(1)(1), Bangalore

In the result, the assessee’s appeal is allowed in above terms

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2018-19

…which is placed on record. He further submitted that the amendment made in the Finance Act 2021 is prospective in nature. He also relied on the judgment of Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Page 3 of 5 Ltd., Vs. DCIT [2014] 366 ITR 408/222 Taxman 170/32 taxmann.com 33 (Kar). 4. On the other hand, the ld.DR supported the order of the lower authorities and he vehemently submitted that there was clear provision in the Income-tax Act u/s 36(1)(va) in this regard. Once the assessee received the employees contribution firstly it is created as income of the assessee u/s 2(24)(x) and…

Twigs Services Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, CPC, Bangalore

In the result, the assessee’s appeal is allowed in above terms

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2018-19

…re the CIT(A) which is placed on record. He further submitted that the amendment made in the Finance Act 2021 is prospective in nature. He also relied on the judgment of Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd., Vs. DCIT [2014] 366 ITR 408/222 Taxman 170/32 taxmann.com 33 (Kar). 4. On the other hand, the ld.DR supported the order of the lower authorities and he vehemently submitted that there was clear provision in the Income-tax Act u/s 36(1)(va) in this regard. Once the assessee received the employees contribution firstly it is created as income of the assessee u/s 2(24)(x) and…

M/S. Khoday India Limited, Bengaluru vs. The Assistant Director of Income Tax, CPC, Bangalore

In the result, both the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

…material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was made prior to the due date of filing of return of income u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court differed with the judgment of the Hon'ble Gujarat High Court in the case of CIT v. Guja…

M/S. Khoday India Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, both the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

…material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was made prior to the due date of filing of return of income u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court differed with the judgment of the Hon'ble Gujarat High Court in the case of CIT v. Guja…

Lsi India Research & Development Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-4(1)(1), Bangalore

In the result, the appeal by the assessee is allowed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2019-20

…material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was made prior to the due date of filing of return of income u/s 139(1) of the I.T. Act. The Hon'ble jurisdictional High Court differed with the judgment of the Hon'ble Gujarat High Court in the case of CIT v. Guja…

Wm Global Sourcing India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-7(1)(1), Bangalore

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

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER Assessment Year : 2019-20 M/s. WM Global Sourcing India Pvt. Ltd., D Block, 5th Floor, RMZ The Assistant Centennial, ITPL Road, Director of Near Mahadevapura Post, Income Tax, Plot #8D, Doddanakundi CPC, Industrial Area, Vs. Bangalore. Bangalore – 560 048. PAN: AAACW5911D APPELLANT RESPONDENT Assessee by : Smt. Rashmi R, Advocate : Shri K.R. Narayan, Addl. CIT Revenue by (DR) Date of Hearing : 14-07-2022 Date of Pronouncement : 14-07-2022 ORDER PER BEENA PILLAI, JUDI…

Sri Chamundeswari Sugars Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahu

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA Nos. 355 & 356/Bang/2022 Assessment Years: 2018-19 & 2019-20 M/s. Sri Chamundeswari Sugars Ltd., The Deputy No. 88/5, Richmond Commissioner of Road, Income Tax, Richmond Town, CPC, Bangalore – 560 025. Vs. Bangalore. PAN: AACCS5004R APPELLANT RESPONDENT Assessee by : Ms. Pooja Maru, CA : Shri K.R. Narayan, Addl. CIT Revenue by (DR) Date of Hearing : 13-07-2022 Date of Pronouncement : 13-07-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeals by the assesse…

Sri Chamundeswari Sugars Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahu

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA Nos. 355 & 356/Bang/2022 Assessment Years: 2018-19 & 2019-20 M/s. Sri Chamundeswari Sugars Ltd., The Deputy No. 88/5, Richmond Commissioner of Road, Income Tax, Richmond Town, CPC, Bangalore – 560 025. Vs. Bangalore. PAN: AACCS5004R APPELLANT RESPONDENT Assessee by : Ms. Pooja Maru, CA : Shri K.R. Narayan, Addl. CIT Revenue by (DR) Date of Hearing : 13-07-2022 Date of Pronouncement : 13-07-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeals by the assesse…