M/s. Orphic Dyeing and Printing Mills Pvt. Ltd, New Delhi v. DCIT, New Delhi

ITA 4322/DEL/2009 | 2005-2006
Pronouncement Date: 11-01-2010 | Result: Allowed

Appeal Details

RSA Number 432220114 RSA 2009
Bench Delhi
Appeal Number ITA 4322/DEL/2009
Duration Of Justice 2 month(s)
Appellant M/s. Orphic Dyeing and Printing Mills Pvt. Ltd, New Delhi
Respondent DCIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 11-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 11-01-2010
Date Of Final Hearing 11-01-2010
Next Hearing Date 11-01-2010
Assessment Year 2005-2006
Appeal Filed On 11-11-2009
Judgment Text
ITA NO. 4322/DEL/2009 A.Y. 2005-06 1 IN THE INCOMETAX APPELATE TRIBUNAL DELHI BENCH F: NEW DELHI BEFORE SHRI C.L. SETHI JUDICIAL MEMBER & SHRI SHAMIM YAHYA ACCOUNTANT MEMBER ITA NO. 4322/DEL/2009 A.Y. : 2005-06 M/S ORPHIC DYEING & PRINTING MILLS PVT. LTD. VS. ASSTT. COMMISSIONER OF INCOME A-1/21 SAFDARJUNG ENCLAVE TAX NEW DELHI 110 029 CIRCLE 13(1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. AKSHI SINGAL AR DEPARTMENT BY : SHRI ISTIYAQUE AHEMED DR O R D E R PER SHAMIM YAHYA : AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDERS OF THE LD. CIT(A) DATED 01.09.2009 PERTAINING TO ASSESSMENT YE AR 2005-06. 2. THE ISSUE RAISED PERTAINS TO ALLOWABILITY OF DE LAYED PAYMENT OF CONTRIBUTION TO PF & ESI. 3. IN THIS CASE DISALLOWANCE WAS MADE BY THE AO BY OBSERVING THAT DEPOSITS ON ACCOUNT OF PROVIDENT FUND AND ESI WERE PAID BY THE ASSESSEE BEYOND THE RESPECTIVE DUE DATES. ASSESSE ES EXPLANATION THAT THERE WAS ONLY MARGINAL DELAY WAS NOT ACCEPTED BY THE A.O. 4. UPON ASSESSEES APPEAL THE LD. CIT(A) CONFIRMED THE ADDITIONS. 5. WE HAVE HEARD BOTH THE COUNSELS AND PERUSED THE RECORDS. BOTH THE COUNSELS HAVE FAIRLY AGREED THAT THE SAID ISSU ES ARE COVERED IN FAVOUR ITA NO. 4322/DEL/2009 A.Y. 2005-06 2 OF THE ASSESSEE BY THE DECISION OF THE HONBLE APE X COURT IN THE CASE OF CIT VS. ALOM EXTRUSIONS LTD. [2009] 319 ITR 306 (SC ). IN THIS CASE HONBLE APEX COURT ELABORATELY ANALYSED SCHEME OF S ECTION 43B AND HELD THAT AMOUNTS WHICH FALL IN THE REALM OF SECTION 43B HAVE TO BE ALLOWED SO FAR AS THEY ARE ACTUALLY PAID UPTO THE DATE OF F ILING OF RETURN. 6. ACCORDINGLY THE CONTRIBUTIONS TO PF AND ESI SO FAR AS PAID UPTO THE DUE DATE OF FILING OF RETURN ARE LIABLE TO BE ALLOW ED AS PER PRESCRIPTION OF SECTION 43B. ACCORDINGLY WE REMIT THIS ISSUE TO THE FILES OF THE A.O. TO EXAMINE THE ISSUE IN THE LIGHT OF THE ABOVE SAID HO NBLE APEX COURT DECISION AND DECIDE ACCORDINGLY. NEEDLESS TO ADD THAT THE ASSESSEE SHOULD BE GRANTED ADEQUATE OPPORTUNITY OF BEING HEA RD. 7. IN THE RESULT THE ASSESSES APPEAL IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 11/01/2010. SD/- SD/- [C.L. SETHI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 11/01/ 2010 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT DELHI BENCHES