NEETA TOURS AND TRAVELS ,MUMBAI vs. ASSTT. COMM. OF INCOME TAX, CIRCLE 2, MUMBAI
In the result, appeal filed by the assessee is partly allowed for statistical purposes
ITA 1872/MUM/2022[2014-15]Status: DisposedITAT Mumbai23 Dec 2022AY 2014-15
Bench: Shri Vikas Awasthy & Shri Gagan Goyalneeta Tours & Travels, D-1, Hari Bhakti Compound, Retibunder, Opp. Dowellss Co., Ghodbunder Road, Kashimira, Thane-401104. Pan: Aaefn3413G ...... Appellant Vs. Acit, Circle-2, Room No.27, B Wing, 6Th Floor, Ashar It Park, Road No. 162, Midc, Thane (West)-400604. ..... Respondent Appellant By : Sh. Hiten P. Shah, Ar Respondent By : Sh. Chetan M. Kacha, Sr.Dr Date Of Hearing : 27/09/2022 Date Of Pronouncement : 23/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short ‘Nfac’] Passed Under Section 250 Of The Income Tax Act, 1961 [For Short ‘The Act’] Vide Order Dated 30.05.2022 For Assessment Year (Ay) 2014-15. The Assessee Has Raised The Following Grounds Of Appeal:
For Appellant: Sh. Hiten P. Shah, ARFor Respondent: Sh. Chetan M. Kacha, Sr.DR
Section 143(2)Section 2(24)(x)Section 250Section 36(1)Section 40Section 40ASection 41Section 43BSection 80G
43B or anything contained in that provision would not absolve the assessee from its liability to deposit the employee's contribution on or before the due date as a condition for deduction. [Para 54]”
7. The Ground No.1 raised by assessee is duly covered by the decision of the Apex Court mentioned (supra) both in terms of law and facts