2019 (8) TMI 504 - AT - Income Tax

TP Adjustment - disallowance of consultancy charges paid by the assessee to its Associated Enterprises (AEs) - HELD THAT - During the appeal hearing the Ld.DR did not dispute the facts and no new facts were brought on record. The order of the tribunal was not reversed by the Hon ble jurisdictional High court. Since the facts are identical and the Ld. CIT(A) allowed the appeal of the assessee following the order of this Tribunal in assessee s own case for the A.Y 2009-10 and 2010-11 2016 (11) TMI 1635 - ITAT VISAKHAPATNAM we find no reason to interfere with the order of CIT(A) and accordingly, Ground Nos.2 to 4 are dismissed Employees contribution to PF u/s 36(1)(va) r.w.s. 2(24)(x) - delay in making payment - HELD THAT - Assessee has remitted the Employees contribution to P.F beyond the due date specified under P.F Act, but before the due date for filing the return of income. This tribunal has consistently taken the view that the deduction is to be allowed even in case of employees contribution, if the same is paid before the due date of filing the return of income. The Tribunal has followed the decision of ESSAE Teraoka Pvt Ltd. Vs. DCIT 2014 (3) TMI 386 - KARNATAKA HIGH COURT and Tetra Soft India Pvt. Td. Vs. ACIT 2015 (10) TMI 1601 - ITAT HYDERABAD while delivering the above ruling. - Decided against revenue

Summary

Issues Involved:
1. Disallowance of consultancy charges paid to Associated Enterprises.
2. Disallowance of employees' contribution to PF paid beyond due date.

Issue 1: Disallowance of Consultancy Charges:
The appeal was filed by the revenue against the CIT(A)'s order for the AY 2013-14. Grounds 2 to 4 concerned the disallowance of consultancy charges paid by the assessee to its Associated Enterprises (AEs). The AO disallowed the expenditure as there was no nexus with the business of the assessee. The Tribunal had allowed similar disallowance in earlier years. The CIT(A) deleted the addition, citing the Tribunal's order in the assessee's own case for AY 2009-10 and 2010-11, emphasizing the nexus between consultancy charges and income generation. The Tribunal upheld the CIT(A)'s decision, dismissing the revenue's appeal on grounds 2 to 4.

Issue 2: Disallowance of Employees' PF Contribution:
The AO disallowed the employees' PF contribution paid beyond the due date, treating it as income of the assessee under section 36(1)(va) r.w.s. 2(24)(x) of the Act. The CIT(A) allowed the appeal, noting that the contribution was remitted before the due date of filing the return of income. The Tribunal, following its consistent view and citing relevant case laws, upheld the CIT(A)'s decision. The Tribunal dismissed the revenue's appeal on grounds 5 to 8, emphasizing that the deduction should be allowed if the contribution is paid before the due date of filing the return of income.

In conclusion, the Tribunal upheld the CIT(A)'s decision in both issues, dismissing the revenue's appeal. The judgment emphasized the importance of establishing a nexus between expenses and income generation, as well as the significance of timely contributions in the context of PF payments.