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Income Tax Appellate Tribunal - Jaipur

Rajasthan State Ganganagar Sugar Mills ... vs Department Of Income Tax on 24 February, 2016

          vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj
IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR

Jh Vh-vkj-ehuk] ys[kk lnL; ,oa Jh yfyr dqekj] U;kf;d lnL; ds le{k
       BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM


                     vk;dj vihy la-@ITA No. 62/JP/2014
                    fu/kZkj.k o"kZ@Assessment Year : 2010-11

The A.C.I.T.                   cuke       M/s Rajasthan State Ganganagar
Circle-6, Jaipur.              Vs.        Sugar Mills Ltd.,
                                          4th Floor, Nehru Sahakar Bhawan,
                                          Bhawani Singh Road, Jaipur.

LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACR 8906 R
vihykFkhZ@Appellant                   izR;FkhZ@Respondent


      jktLo dh vksj ls@ Revenue by : Shri B.K. Gupta (CIT)
      fu/kZkfjrh dh vksj ls@ Assessee by : Shri T.C. Jain (Advocate)

      lquokbZ dh rkjh[k@ Date of Hearing : 20/01/2016.
      mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 24/02/2016.

                                vkns'k@ ORDER

PER T.R. MEENA, A.M

This is an appeal filed by the revenue against the order dated 08/11/2013 of the learned C.I.T.(A)-II, Jaipur for A.Y. 2010-11. The common effective grounds of all the appeals are as under:-

"(i) Whether on the facts and in circumstances of the case and in law the Ld. CIT (Appeals) has erred in deleting 2 ITA No. 62/JP/2014 ACIT Vs M/s Rajasthan State Ganganagar Sugar Mills Ltd.

the addition of Rs.62,88,000/- made by the AO by valuing closing stock by including element of excise duty therein.

(ii) Whether on the facts and in the circumstances of the case and in aw the Ld. CIT (Apps ' " has erred deleting the addition of Rs. 1,50,00,000/- made by the AO by disclosing export pass fee without appreciating the fact that liability to make such payment is finalized.

(iii) Whether on the facts and in the circumstances of the case and in law the Ld. CIT (Appeals) has erred in deleting the addition of Rs. 12,28,000/- made by the AO on account of interest received on FDR.

(iv) Whether on the facts and in the circumstances of the case in law the Ld. CIT (Appeals) has ered in deleting the addition of Rs. 14,23,55,569/- made by the AO by disallowing the payment of privilege fees without appreciating the fact that the said expenses are of capital in nature.

(v) (a) Whether on the facts and in the circumstances of the case and in law the Ld CIT (Appeals) has erred in deleting addition of Rs.4,86,608/- made for depositing the employee's contribution to PF beyond the prescribed time limit provided in the respective Acts.

(b) Whether on the facts and in the circumstances of the case and in law the Ld. CIT(Appeals) has erred in holding that employees contribution to PF are governed by the provision of section 43B and not by section 36(1 )(va) r.w.s. 2(24)(x) of I.T.Act.

ACIT Vs M/s Rajasthan State Ganganagar Sugar Mills Ltd.

(vi) Whether on the facts and in the circumstances of the case and in law the Ld. CIT (Appeals) has erred in deleting the addition of Rs.7,30,000/- made by the AO by disallowing of contribution to State Renewal Fund."

2. Regarding this appeal, the ld AR of the assessee has submitted that all the issues involved in this appeal are covered by the order of the Hon'ble ITAT, Jaipur Bench, Jaipur passed in the assessee's own case in ITA No. 31/JP/2013 for A.Y. 2009-10 order dated 17/04/2015. Therefore, he prayed to reverse the order of the ld CIT(A).

3. At the outset, the ld DR has vehemently supported the order of the lower authorities and prayed to uphold the order of the ld CIT(A).

4. We have heard the rival contentions of both the parties and perused the material available on the record. The identical issue involved in this appeal, has been decided by the Coordinate Bench in assessee's own case for 2009-10 vide order dated 17/04/2015. The operative portion of the Coordinate Bench's order is reproduced as under:-

"4. We have heard the rival contentions of both the parties and perused the material available on the record. We find merit in the arguments of the ld counsel for the assessee. Revenue's grounds No. (i) to (v) are covered 4 ITA No. 62/JP/2014 ACIT Vs M/s Rajasthan State Ganganagar Sugar Mills Ltd.

in favour of the assessee by successive judgments of the ITAT as mentioned above. The detailed reasonings are mentioned in the ITAT's order for A.Y. 2008-09. Respectfully following the same, the ground Nos. (i) to

(v) of the revenue appeal are dismissed.

4.1. Apropos ground No. (vi) also, the disallowance has been deleted in terms of Section 43B on actual payment basis in view thereof, we find no infirmity in the order of the ld CIT(A), which is upheld."

By respectfully following the order of the Coordinate Bench in assessee's own case, we reverse the order of the ld CIT(A).

5. In the result, revenue's appeal is dismissed.

Order pronounced in the open court on 24/02/2016.

            Sd/-                                                   Sd/-
       ¼yfyr dqekj½                                           ¼Vh-vkj-ehuk½
      (Laliet Kumar)                                    (T.R. Meena)
U;kf;d lnL;@Judicial Member                ys[kk   lnL;@Accountant Member
Tk;iqj@Jaipur
fnukad@Dated:- 24th February, 2016

Ranjan*

vkns'k dh izfrfyfi vxzsf'kr@Copy of the order forwarded to:

1 vihykFkhZ@The Appellant- The A.C.I.T., Circle-6, Jaipur..

2. izR;FkhZ@ The Respondent- M/s Rajasthan State Ganganagar Sugar Mills Ltd., Jaipur.

3. vk;dj vk;qDr@ CIT 5 ITA No. 62/JP/2014 ACIT Vs M/s Rajasthan State Ganganagar Sugar Mills Ltd.

4. vk;dj vk;qDr¼vihy½@The CIT(A)

5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur

6. xkMZ QkbZy@ Guard File (ITA No. 62/JP/2014) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar