Principal Commissioner of Income-tax-1, Kolkata v. Garden Reach Shipbuilders and Engineers Ltd
[Citation -2019-LL-0826-77]

Citation 2019-LL-0826-77
Appellant Name Principal Commissioner of Income-tax-1, Kolkata
Respondent Name Garden Reach Shipbuilders and Engineers Ltd.
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 26/08/2019
Judgment View Judgment
Keyword Tags employees contribution to provident fund
Bot Summary: The Court: The revenue/appellant has raised the following substantial question of law in this appeal: Whether on the facts and in the circumstances of the case learned tribunal in deleting the disallowance under Section 36(1)(va) of the Income Tax Act, 1961 on delayed deposit of employees contribution to provident fund is erroneous in law We find this issue is covered by the judgments and orders of our Court in ITA 12 of 2015 dated 12th August 2015 and in ITAT 245 of 2011, GA 2607 of 2011 dated 6th September, 2011 in favour of the assessee and against the revenue. According to us, no substantial question of law is involved in this appeal and we find no reason to admit this appeal. 2 Accordingly, this appeal and the stay application are dismissed.


OD-6 ORDER SHEET ITAT No.53 of 2019 GA No.469 of 2019 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA Versus M/S. GARDEN REACH SHIPBUILDERS AND ENGINEERS LTD BEFORE: Hon'ble JUSTICE I. P. MUKERJI Hon'ble JUSTICE MD. NIZAMUDDIN Date : 26th August, 2019. Appearance: Mr. P.K. Bhowmik, Adv. Mr. Debasish Mitra, Adv. Ms. Sutopa Roy Chowdhury, Adv. Court: revenue/appellant has raised following substantial question of law in this appeal: Whether on facts and in circumstances of case learned tribunal in deleting disallowance under Section 36(1)(va) of Income Tax Act, 1961 on delayed deposit of employees contribution to provident fund is erroneous in law? We find this issue is covered by judgments and orders of our Court in ITA 12 of 2015 (CIT, Kolkata-2, Kolkata versus M/S. Coal India Limited) dated 12th August 2015 and in ITAT 245 of 2011, GA 2607 of 2011 (Commissioner of Income Tax, Circle I, Kolkata Versus M/s. Vijay Shree Limited) dated 6th September, 2011 in favour of assessee and against revenue. According to us, no substantial question of law is involved in this appeal and we find no reason to admit this appeal. 2 Accordingly, this appeal (ITAT 53 of 2019) and stay application (GA 469 of 2019) are dismissed. (I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) cs/ Principal Commissioner of Income-tax-1, Kolkata v. Garden Reach Shipbuilders and Engineers Ltd
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