SIVAN SECURITIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE
In the result, the appeal filed by the assessee is allowed
ITA 708/BANG/2021[2018-19]Status: DisposedITAT Bangalore07 Feb 2022AY 2018-19
Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 M/S. Sivan Securities Pvt. The Deputy Ltd., Commissioner Of No. 23/2, Coffeeday Square, Income Tax, Vittal Mallya Road, Cpc, Bangalore – 560 001. Bangalore. Vs. Pan: Aaccs5138G Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 07-02-2022 Date Of Pronouncement : 07-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 21.10.2021 Passed By The Ld.Cit(A)-11, Bangalore Relating To Assessment Year 2018-19 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Opposed To The Facts Of The Case & Law Applicable To It. 2. The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming The Disallowance Of Rs.11,05,657/- Invoking The Provisions Of Section 143(1)(A)(Ii) Of The Act, Holding That The Said Amount Is Assessable Under The Provisions Of Section 36(1)(Va) Of The Act.
For Appellant: Shri C. Ramesh, CA
Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B
…to A.Y.2019-20. Page 4 of 8 12. The learned Commissioner of Income Tax (Appeals) has erred in not following the ratio laid down by Delhi Tribunal in the case of Maksat Technologies (P) Ltd V. Deputy Commissioner of Income Tax, Circle — 16(1), New Delhi (2021) 130 Taxmann.com 454 (Delhi-Trib), wherein it is held that, the disallowance U/s.36(1)(va) of the act cannot be made under the provisions of section 143(1) of the act for the reason that, the contributions were not remitted within the due date of the relevant enactments, but before the due date for filing the return of income. PRAYER The appellant prays that…
