TMI Blog2015 (7) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... rust to the CAG. The contribution made by the employees is to be treated as contribution to Government Provident Fund and deduction under section 80C is allowable to these employees. The ld. CIT(Appeals), in view of the judgement of the Hon'ble High Court held that the assessee cannot be treated as assessee in default and accordingly, allowed the appeal of the assessee. - order of the ld. CIT(Appeals) cannot be sustained. The assessee, therefore, cannot be held to be assessee in default and accordingly, the orders of authorities below are set aside - Decided in favour of assessee. - ITA No. 493/CHD/2014 - - - Dated:- 5-2-2015 - Bhavnesh Saini, JM And T. R. Sood, AM,JJ. For the Appellant : Shri N. R. Sharma For the Respondent : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,183/- under section 201(1A) of the Act on the short deduction and in disallowing the claim under section 80C of the Act in respect of employees, are not covered by the pro visions of recognized Provident Fund. 3. The Assessing Officer noticed from the salary details in form No. 16, furnished by the assessee deductor that the person responsible (hereinafter referred to as 'PR' ) had al lowed deduction on the provident fund contribution of the employees, whereas the Provident Fund of the Institute was not approved by the Income Tax Department and so the deduction al lowed by the assessee on account of provident fund contributed by the employees was not al lowable as deduction. The Assessing Officer accordingly issued show cause fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed an application u/s 154 before the Assessing Officer which is also pending. 5. The ld. CIT(Appeals), however, dismissed the appeal of the assessee. His findings in para 5 6 of the impugned order are reproduced as under : 5. I have considered the submission of the Ld. Counsel. As per the submission, the Provident Fund of the Institute is recognized with effect from 30.03.2012, whereas the instant case pertains to F.Y. 2008-09, meaning thereby that the Provident Fund was not recognized during the year under consideration. It has been contended by the Ld. Counsel that appeal against the order of recognition of Provident Fund from prior date is pending before the Chairman, Central Board of Direct Taxes; but the fact of the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand, ld. DR relied upon orders of the authorities below. 8. We have considered rival submissions and gone through the judgement of the Hon'ble High Court referred to above which is also taken into consideration by the ld. CIT(Appeals) in subsequent assessment years as noted above and following the judgement of the Hon'ble High Court allowed appeals of the assessee. The ld. CIT(Appeals) noted in these orders that the Provident Fund accounts of the employees of the assessee University are to be maintained by the office of CAG and consequent action to be taken qua transfer of funds from private Trust to the CAG. The contribution made by the employees is to be treated as contribution to Government Provident Fund and deduction un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
