MAY FASHIONS LLP,MUMBAI vs. CIT (A) NFAC, NEW DELHI

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ITA 2073/MUM/2021Status: DisposedITAT Mumbai14 June 2023AY 2019-203 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that deduction for employee's contribution to PF/ESI is allowed only if deposited within the due date as per the respective Acts. Relying on the Supreme Court decision in Checkmate Services Pvt. Ltd., the disallowance was confirmed.

What were the facts?

The assessee contended that employee's contribution to PF/ESI was deposited before filing the return of income. However, the disallowance was made for late deposit beyond the due date prescribed in the respective Acts.

What were the issues?

Whether employee's contribution to PF/ESI deposited after the due date prescribed under the respective Acts is allowable as a deduction.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 2(24)(x)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI ABY T. VARKEY, JM & MS. PADMAVATHY S, AM

Hearing: 31/05/2023Pronounced: 14/06/2023

O R D E R

PER ABY T. VARKEY, JM:

1.

This is an appeal preferred by the assessee against the order of the Ld. CIT(A)/NFAC, Delhi dated 23.09.2021 for AY. 2019-20.

2.

It is noted that this caption appeal was allowed in the first round by this Tribunal vide order dated 09.05.2022. However, the same has been recalled in MA No. 338/Mum/2022 in the light of the Hon’ble Supreme Court decision in the case of Checkmate Services Pvt. Ltd. Vs. CIT (448 ITR 518). Therefore, this appeal is adjudicated afresh. The main grievance of assessee is against the action of Ld. CIT(A) confirming the disallowance of employee’s contribution made towards PF/ESI to the tune of Rs.5,40,279/-.

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