V GREEN FURNITURES AND FIXTURES,HYDERABAD vs. ITO- WARD7(2), HYDERABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, considering the Supreme Court's directions. The Tribunal allowed the assessee's appeal for statistical purposes, following a previous similar decision regarding disallowance of employee contributions to PF/ESI.
What were the facts?
The assessee filed an appeal before the ITAT with a delay. The assessee claimed the delay was due to e-assessment proceedings and the pandemic. The Tribunal considered the Supreme Court's directions on limitation periods during the pandemic.
What were the issues?
Whether the delay in filing the appeal should be condoned considering the Supreme Court's directions on limitation periods. Whether disallowance under Section 36(1)(va) is justified for delayed payment of employee contributions to PF/ESI.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Vegetable Products Ltd.2,664 citing88 ITR 192 · 1973 · SC
- CIT v. Godavari Devi Saraf235 citing113 ITR 589 · 1978 · HC
Income Tax Appellate Tribunal, HYDERABAD ‘SMC’ BENCH : Hyderabad
Before: Smt. P. Madhavi Devi
Date of Hearing : 19/04/2021 Date of Pronouncement : 19/05/2021 O R D E R This is assessee’s appeal for AY 2018-19 against the order of the CIT(A)-3, Hyderabad dated 31.07..2020. At the outset, it is noticed that there is a delay of 153 days in filing of the appeal before the Tribunal. Assessee has filed an application for condonation of delay stating that the delay in filing of the appeal was due to inadvertent mistake and on account of new system of e-assessment proceedings and corona pandemic period. It was thus prayed for condonation of delay. The learned counsel for assessee reiterated submissions made in the application.
Having gone through the rival contentions, I am convinced that there is no delay in filing of the appeal before the tribunal in view of the directions of the ITA 138/Hyd/2021 M/s V Green Furniture & Fixtures,Hyd. AY 2018-19 Hon’ble Supreme Court of India in the case of Suo Motu Writ Petition (Civil) no.3 of 2020, dated 8.3.2021, wherein the Hon’ble Apex Court directed that in computing the period of limitation for any suit, appeal, application or proceedings, the period from 15.3.2020 to 14.3.2021 shall stand excluded and consequently, the balance period of limitation remaining as on 15.3.2020, if any, shall become available w.e.f. 15.3.2021. In this case, the assessee had received the order of the CIT(A) on 01.08.2020 and the last date for filing of the appeal was 01.10.2020, while the assessee filed the appeal on 01.03.2021 all of which dates fall within the period mentioned in the order of the Hon’ble Supreme Court.
As regards merits of the case is concerned, assessee has raised the following grounds of appeal. “1. The order of CIT(A)-3 dated 31.7.2020 is contrary to law and facts. 2 The CIT(A) erred in confirming the disallowance of Rs5,63,420/- made u/s 36(1)(va) r.ws. 2(24)(x) of the Act.
3. The CIT(A) ought not to have confirmed the same considering the fact that the contributions for the months April to May, 2017 were paid with marginal delay and contributions for Dec. 2017 to Feb.2018 were paid before the financial year ended on 31.3.2018 and contribution for March, 2018 was paid before the due date of filing of IT return u/s 139(1) of the Act.
4. The appellant submits that considering the facts and circumstances of the case, the disallowance is unjust.”
2.1. I find that this issue is similar to the issue decided by me in the case of Shishir Kumar Das in dated 02.02.2021. For the sake of ready reference relevant portion of the order is reproduced here under. “5. Having regard to the rival contentions and the material available on record, I find that there is no decision of the Hon’ble Jurisdictional High Court on this issue and out of decisions of Thirteen High Courts, the decisions of ten High Courts are in favour of the assessee while the decisions of three High Courts are against the assessee In some of the other High Courts, the issue has been decided both against the assessee as well as in favour of the ITA 138/Hyd/2021 M/s V Green Furniture & Fixtures,Hyd. AY 2018-19 assessee and therefore, this is a debatable issue at present The Hon’ble Supreme Court in the case of CIT vs. M/s Vegetable Products Ltd reported in 88 ITR 192 (SC) has held that if there are two views possible on the same issue, the one which is in favour of the assessee should be adopted Further, the Hon’ble Bombay High Court in the case of CIT vs Godavari Saraf reported in (1978) 113 ITR 589 (Bom.) has held that if there is no decision of the jurisdictional High Court then, the decision of the non-jurisdictional High Court is also binding. Therefore, considering the above, I hold that the decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd (supra) is applicable to both the employer as well as employee’s contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees before the due date of filing of return of income u/s 139(1) of the Act, then the same has to be disallowed and brought to tax. With these directions, the appeal of the assessee is allowed and the AO is further directed to reconsider the issue, if the contrary view is upheld by the Apex Court in the appeals before the Hon’ble Supreme Court on this issue.”
Respectfully following the same, assessee’s appeal is treated as allowed for statistical purposes.
More judgments on Section 36(1)(va)
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- R K Swamy Limited, Chennai vs DCIT Non Corporate Circle 10(1), ChennaiITA 504/CHNY/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- M/S. R.K. Swamy Ltd., Chennai vs DCIT, Ncc-10(1), ChennaiITA 2822/CHNY/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 838/IND/2025[2022-2023]Status: Disposed12 Oct 2026AY 2022-2023
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