2013 (10) TMI 559 - AT - Income Tax

Deduction with regard to employees contributions towards ESI & PF Payment made before the due date of filing of return u/s 139(1) of the Income tax Act - Submission of the learned AR that the employees contributions towards ESI & PF were duly paid to the respective authorities before the due date for filing the return of the relevant assessment year and that on account of proviso to s. 43B as amended by the Finance Act, 2003 w.e.f. 1.4.2004, the assessee is entitled to relief Held that - Reliance has been placed upon the judgment in the case of M/s. Spectrum Consultants India Private Limited v. CIT 2013 (7) TMI 414 - KARNATAKA HIGH COURT - Revenue has neither disputed the claim of the assessee that the payments were made before the due date for filing the return nor brought any documentary evidence to rebut the assessee s claim on the issue - CIT (A) was justified in deleting the addition made on the premise that the claim of the assessee was found to be admissible Decided in favor of Assessee.

Summary

Issues involved:
1. Assessee's appeal regarding restriction of deduction u/s 80HHC of the Act.
2. Revenue's cross objection on deletion of addition on employees' contributions to PF & ESI.

Assessee's Appeal - Restriction of Deduction u/s 80HHC of the Act:
The appeal raised concerns about the denial of deduction u/s 80HHC of the Act on profits of the sale of DEPB license. The CIT (A) had directed the Assessing Officer to compute the deduction after excluding 90% of machining charges from the export turnover. The CIT (A) relied on the judgment of the Hon'ble Karnataka High Court and the Supreme Court's decision in ACG Associated Capsules P Ltd vs. CIT (Central)-IV Mumbai. The assessee contested this decision, citing a pending SLP before the Supreme Court. However, the Tribunal rejected the plea, noting that the issue had already been decided in favor of the Revenue by the High Court. The Tribunal upheld the CIT (A)'s decision, emphasizing that the matter could be taken to the appellate forum after the Supreme Court's decision.

Revenue's Cross Objection - Deletion of Addition on Employees' Contributions to PF & ESI:
The Revenue's objection centered on the deletion of the addition made on employees' contributions to PF & ESI. The Assessing Officer disallowed these amounts due to a delay in remitting them to the respective authorities. However, the CIT (A) deleted the addition based on the judgment of the Hon'ble jurisdictional High Court in CIT v. Sabari Enterprises. The Revenue argued that the deductions should only be allowed if the payments were made within the due date under the relevant Act. The Tribunal considered the arguments from both sides, with the Revenue highlighting previous Tribunal decisions on similar issues. The Tribunal, after reviewing the case laws and submissions, supported the CIT (A)'s decision. It noted that the employees' contributions were paid before the due date for filing the return, in line with the proviso to s. 43B, and cited the judgment of the Hon'ble jurisdictional High Court in M/s. Spectrum Consultants India Private Limited v. CIT. The Tribunal dismissed the Revenue's Cross Objection, affirming the CIT (A)'s deletion of the addition.

In conclusion, the Tribunal dismissed the assessee's appeal regarding the restriction of deduction u/s 80HHC of the Act and also dismissed the Revenue's Cross Objection on the deletion of the addition on employees' contributions to PF & ESI. The judgments and decisions of the High Court and Supreme Court played a crucial role in determining the outcomes of both issues.