TMI Blog2022 (7) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court, the SLP has been filed by the assessee which has not been adjudicated yet therefore we are of the view that the issue may be remitted back to the file of the Ld. CIT(A) to decide the matter after taking into account the SLP filed by assessee (supra) before the Hon'ble Supreme Court as and when will be passed by the Hon'ble Supreme Court. Appeal filed by the assessee is allowed for statistical purposes. - ITA No. 130/SRT/2021 - - - Dated:- 20-6-2022 - SHRI PAWAN SINGH, JM And DR. A.L.SAINI, AM Assessee by : Shri Manish R Malpani, CA Respondent by : Shri Vinod Kumar Sr.DR ORDER PER DR. A. L. SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee pertaining to assessment year 2018- 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue may be remitted back to the file of the Ld. CIT(A) to decide the matter after taking into the account the order of the Hon'ble Supreme Court, in SLP filed by assessee against the judgment of Hon'ble Gujarat High Court in the case of Gujarat State Road Transport Company [366 ITR 170 (Guj.)] 5. On the other hand, Ld. Senior Departmental Representative (ld. Sr.DR) for the Revenue submits that issue is covered against the assessee by the judgment of the Hon'ble Gujarat High Court in the case of Gujarat State Road Transport Company (GSRTS) 366 ITR 170, therefore this appeal should be dismissed. Ld. Sr.DR also submits that against the intimation issued by the Central Processing Centre, Bengaluru under section 143(1), if the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as prescribed in Explanation to section 36(1)(va), assessee shall not be entitled to deduction of such amount though he deposits same before due date prescribed under section 43B. i.e., prior to filing of return under section 139(1) - Held, yes - Assessee State transport corporation collected a sum being provident fund contribution from its employees - However, it had deposited lesser sum in provident fund account -Assessing Officer disallowed same under section 43B - However, Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the assessee. Such disallowance thereupon became the subject matter of appeal before the Tribunal. The Tribunal dismissed the ground, relying upon the judgment of this Court in the case of Commissioner of Income-tax vs. Gujarat State Road Transport Corporation Limited, reported in 366ITR 170 [Gujarat]. Counsel for the appellant did not dispute that the issue on hands is squarely covered by this Court in the case of CIT v. GSRTC [Supra]. He, however, submitted that the appeal is pending against the judgment of the High Court before the Supreme Court and SLP has been granted. The amount involved is not very large and it would be extremely expensive for the assessee to carry this in appeal before the Supreme Court. He, therefore, su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble Supreme Court. Accordingly will decide the matter. 18. In the result, appeal is allowed for statistical purposes. 7. From the above judgment of Co-ordinate Bench in the case of M/s Unicorn Remedies Pvt. Ltd. (supra), it is vivid that against the order of the Hon'ble jurisdictional High Court, the SLP has been filed by the assessee which has not been adjudicated yet therefore we are of the view that the issue may be remitted back to the file of the Ld. CIT(A) to decide the matter after taking into account the SLP filed by assessee (supra) before the Hon'ble Supreme Court as and when will be passed by the Hon'ble Supreme Court. Therefore, this appeal at this stage is dismissed. However, if the Hon'ble Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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