Vijai Electricals Limited, Hyderabad v. Dy. Commissioner of Income Tax, Circle-17(2), Hyderabad

ITA 1534/Hyd/2017 | 2014-2015
Pronouncement Date: 27-05-2021 | Result: Allowed

Appeal Details

RSA Number 153422514 RSA 2017
Assessee PAN AAACV7259B
Bench Hyderabad
Appeal Number ITA 1534/Hyd/2017
Duration Of Justice 3 year(s) 8 month(s) 25 day(s)
Appellant Vijai Electricals Limited, Hyderabad
Respondent Dy. Commissioner of Income Tax, Circle-17(2), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 27-05-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-A
Tribunal Order Date 27-05-2021
Date Of Final Hearing 06-04-2021
Next Hearing Date 06-04-2021
Last Hearing Date 26-06-2018
First Hearing Date 13-02-2018
Assessment Year 2014-2015
Appeal Filed On 01-09-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE S MT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU ACCOUNTANT MEMBER IT A NO S . 1533 & 1534 /H/201 7 ASSESSMENT YEAR: 20 1 3 - 14 & 2014 - 15 VIJAI ELECTRICALS LTD. HYDERABAD. PAN AA ACV 7259B VS. DY. COMMISSIONER OF INCOME - TAX CIRCLE 17(2) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S. RAMA RAO REVENUE BY : SHRI SUNIL KUMAR PANDEY DATE OF HEARING: 0 6 /0 4 /2021 DATE OF PRONOUNCEMENT: 27 / 0 5 /2021 O R D E R PER LAXMI PRASAD SAHU A.M. : BOTH THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST C I T(A) - 5 HYDERABADS COMMON ORDER DATED 28 / 0 6 /201 7 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT . 2 . IN ITA NO. 1533/HYD/2017 THE ASSESSEE HAS RAISED TWO SUBSTANTIVE GROUNDS OF APPEAL ONE IS PERTAINING TO ITA NO S . 1533 & 1534 /HYD / 1 7 VIJAI ELECTRICALS LTD. HYDERABAD . : - 2 - : ADDITION TOWARDS PF AND ESI AND ANOTHER IS PERTAINING TO THE ADDITION MADE U/S 14A OF THE ACT. 2.1 IN ITA NO. 1534/HYD/2017 THE ASSESSEE HAS RAISED TWO SUBSTANTIVE GROUNDS OF APPEAL ONE IS PERTAINING TO THE ADDITION TOWARDS ESI AND PF WHICH IS SIMILAR TO GROUND NO. 2 IN ITA NO. 1533/HYD/2017 AND ANOTHER ONE IS PERTAINING TO TDS OF RS. 78 26 28 873/ - WHICH IS NOT PRESSED BY THE LD. AR OF THE ASSESSEE AT THE TIME OF HEARING THEREFORE THIS GROUND IS DISMISSED AS NOT PRESSED. 3. AS REGARDS THE ADDITION TOWARDS PF & ESI WHICH IS SIMILAR IN BOTH THE APPEALS UNDER CONSIDERATION THE AO MADE THE A DDITION RELATING TO EMPLOYEES CONTRIBUTION TO PF & ESI ON THE GROUND THAT THE SAME WAS DEDUCTED BUT WAS NOT REMITTED INTO RELEVANT FUND WITHIN THE DUE DATES PRESCRIBED UNDER THE RELEVANT ACTS THOUGH THE SAME WAS PAID BEFORE THE DUE DATE FOR FILING RETURN O F INCOME. 3.1 ON APPEAL THE CIT(A) AFTER DISCUSSING THE ISSUE WITH VARIOUS CASE LAWS CONFIRMED THE ADDITION MADE BY THE AO. 4. BEFORE US THE LD. AR OF THE ASSESSEE FILED NOTES ON CLAUSES WHEREIN CLAUSE 8 O THE BILLS SEEKS TO AMEND SECTION ITA NO S . 1533 & 1534 /HYD / 1 7 VIJAI ELECTRICALS LTD. HYDERABAD . : - 3 - : 36 OF THE INCOME - TAX ACT RELATING TO OTHER DEDUCTIONS READ AS UNDER: THIS AMENDMENT WILL TAKE EFFECT FROM 1ST APRIL 2021 AND WILL. ACCORDINGLY APPLY IN RELATION TO THE ASSESSMENT YEAR 2021 - 2022 AND SUBSEQUENT ASSESSMENT YEARS. 4.1 REFERRING TO THE ABOVE CLAUSE THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ADDITION MADE BY THE AO TOWARDS PF & ESI MAY BE DELETED. 5. THE LD. DR ON THE OTHER HAND RELIED UPON THE ORDERS OF REVENUE AUTHORITIES. 6. WE HAVE CONSIDERED THE RIVAL SUBMI SSIONS AND PERUSED THE MATERIAL ON RECORD. SIMILAR ISSUE CAME UP FOR CONSIDERATION BEFORE THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF VALUE MOMENTUM SOFTWARE SERVICES PVT. LTD. IN ITA NO. 2197/HYD/2017 ORDER DATED 19/05/2021 WHEREIN THE COORDINA TE BENCH HAS HELD AS UNDER: ITA NO S . 1533 & 1534 /HYD / 1 7 VIJAI ELECTRICALS LTD. HYDERABAD . : - 4 - : 5. NEXT COMES THE LATTER ISSUE OF SECTION 43B DISALLOWANCE OF RS.8 11 648/ - PERTAINING TO EMPLOYEES PROVIDENT FUND. IT IS NOT IN DISPUTE THAT LEARNED LOWER AUTHORITIES HELD THAT THE SAME HAD TO BE DEPOSITED BEFORE THE DUE DATE PRESCRIBED IN THE CORRESPONDING STATUTE THAN THE DUE DATE FOR FILING SECTION 139(1) RETURN. THE REVENUES CASE IN TUNE THEREOF RELIES ON SECTION 36(VA) READ WITH EXPLANATION THERETO THAT IT IS NOT SECTION 43B BUT THE FORMER PROVISION WHICH IS APPLICABLE IN SUCH AN INSTANCE. WE FIND NO MERIT IN THE REVENUES FOREGOING STAND. WE TAKE NOTE OF THE EXPLANATORY MEMORANDUM TO THE FINANCE ACT 2021 PROPOSING AMENDMENT IN BOTH SECTION 36(VA) AS WELL AS SECTION 43B BY INSERTING CORRESPONDING EXPLANATIONS THAT ALTHOUG H THE IMPUGNED EMPLOYEES PROVIDENT FUND COMES UNDER THE FORMER PROVISION ONLY THE SAME IS APPLICABLE FROM 01 - 04 - 2021 ONWARDS. MEANING THEREBY THAT THE LEGISLATURE ITSELF HAS CONDONED THE IMPUGNED DEFAULT BEFORE 01 - 04 - 2021. WE THUS DELETE THE IMPUGNED EMPL OYEES PROVIDENT FUND DISALLOWANCE OF RS.8 11 648/ - FOR THIS PRECISE REASON ALONE. NECESSARY COMPUTATION TO FOLLOW AS PER LAW. 6.1 RESPECTFULLY FOLLOWING THE SAID DECISION WE DIRECT THE AO TO DELETE THE ADDITION MADE TOWARDS PF & ESI IN BOTH THE YEARS UNDER CONSIDERATION. ACCORDINGLY THE GROUND RAISED ON THIS ISSUE IN BOTH THE YEARS IS ALLOWED. 7. AS REGARDS THE ADDITION U/S 14A OF RS. 2 30 555/ - IN AY 2013 - 14 THE AO MADE THE ADDITION ON THE GROUND THAT NO DEDUCTION SHALL BE ALLOWED IN RESPECT OF EXPENDITURE INCURRED IN RELATION TO INCOME WHICH DOES NOT FORM PART OF THE TOTAL INCOME REJECTING THE ARGUMENT OF THE ASSESSEE THAT ITA NO S . 1533 & 1534 /HYD / 1 7 VIJAI ELECTRICALS LTD. HYDERABAD . : - 5 - : IT HAS NOT EARNED ANY DIVIDEND INCOME FROM THE INVESTMENTS IN EQUITY SHARES OF SUBSIDIARIES AND OTHER COMPANIES AND HENCE NO PART OF EXPENDITURE RELATED TO THE EXEMPT INCOME IS DISALLOWABLE U/S 14A OF THE ACT. 7.1 ON APPEAL THE CIT(A) CONFIRMED THE ADDITION MADE BY THE AO U/S 14A OF THE ACT. 8. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD AS WELL AS GONE THROUGH THE ORDERS OF REVENUE AUTHORITIES. IT IS SETTLED POSITION OF LAW THAT THE PROVIS IONS OF SECTION 14A CAN BE APPLIED TO QUANTIFY THE EXPENSES IN RELATION TO EXEMPT INCOME. SINCE THE EXEMPT INCOME IS NIL SECTION 14A WILL NOT APPLY. THE HONBLE DELHI HIGH COURT IN THE CASE OF CHEMINVEST LTD. REPORTED IN (2015) 378 ITR 33 (DEL.) HAS HELD THAT SECTION 14A WILL NOT APPLY WHERE NO EXEMPT INCOME IS RECEIVED OR RECEIVABLE DURING THE RELEVANT ASSESSMENT YEAR. 8 .1 IN THE CASE UNDER CONSIDERATION WE FIND THAT THE INVESTMENTS WERE MADE AND NO EXEMPT INCOME WAS EARNED FROM THE INVESTMENT SO MADE THE PROVISIONS OF SECTION 14A WILL NOT APPLICABLE TO THE CASE OF ASSESSEE. THEREFORE FOLLOWING THE SAID DECISION OF HONBLE DELHI HIGH COURT IN THE CASE OF CHEMINVEST LTD. (SUPRA) WE DIRECT THE AO TO DELETE THE ADDITION MADE ON THIS COUNT. ITA NO S . 1533 & 1534 /HYD / 1 7 VIJAI ELECTRICALS LTD. HYDERABAD . : - 6 - : 9. IN THE RE SULT BOTH THE APPEALS ARE ALLOWED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 27 TH MAY 2021 . SD/ - SD/ - ( P. MADHAVI DEVI ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD DATED : 27 TH MAY 20 2 1 . K V C OPY TO : 1 VIJAI ELECTRICALS LTD. 6 - 3 - 648/1&2 RAJBHAVAN ROAD HYDERABAD 500 082 2 DC IT CIRCLE 1 7 ( 2 ) SIGNATURE TOWERS KONDAPUR HYDERABAD. 3 C I T(A) - 5 HYDERABAD 4 PR. CIT 5 HYDERABAD . 5 ITAT DR HYDERABAD. 6 GUARD FILE.