M/S. ABT LIMITED,COIMBATORE vs. ADIT CPC BENGALURU, KARNATAKA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the EPFO circular only exonerated the assessee from penal damages and did not extend the due date for payment. Following the Supreme Court's decision, the disallowance was confirmed.
What were the facts?
The assessee claimed a deduction for late payment of PF/ESI dues amounting to Rs. 44.17 Lacs. The delay in payment ranged from 4 to 30 days for different installments. The assessee relied on an EPFO circular regarding Covid-19 related delays.
What were the issues?
Whether late payment of PF/ESI dues, even if due to Covid-19 related reasons, is eligible for deduction under Section 36(1)(va) in light of Supreme Court pronouncements.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
सुनवाईकीतारीख/Date of Hearing : 30-11-2023 घोषणाकीतारीख /Date of Pronouncement : 05-12-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
The sole grievance of the assessee in captioned appeal is disallowance of late payment of PF / ESI dues for Rs.44.17 Lacs u/s 36(1)(va). The period of delay has been tabulated in impugned order at para 6.2 as under: - Nature of Fund Actual Due Date of Delayed Days Amount Date Payment Provident Fund 15-07-2020 14-08-2020 30 Days 12,13,140/- Provident Fund 15-08-2020 14-09-2020 30 Days 12,75,724/- Provident Fund 15-10-2020 19-10-2020 4 Days 19,27,947/- Total 44,17,081/-
During appellate proceedings, the assessee relied on EPFO Circular No.1112 dated 15.05.2020 which stated that delay in deposit of contribution during the period of Covid-19 lockdown, could not be attributed to any culpable state of mind of the employer and therefore, would not call for penal damages for delay in deposit of dues. However, Ld. CIT(A) held that granting relief from penal damages on delayed payment can by no stretch of imagination be equated with extension of due date for payment of EPF. Accordingly, the disallowance was upheld.
Before us, Ld. AR relied on the same circular and pleaded that there was minor delay due to lockdown situation arising out of COVID-19 pandemic. To support the submissions, Ld. AR referred to the decision of Kolkata bench of Tribunal in Steel House vs. DCIT (ITA No.766/Kol/2023 dated 17-10-2023) wherein similar disallowance was deleted for short delay of 3 days and 1 days respectively. The Ld. Sr. DR submitted that the issue is covered against the assessee by the decision of Hon’ble Apex Court. 4. It is undisputed fact that the impugned issue stood against the assessee by the latest decision of Hon’ble Supreme Court in bunch of appeals titled as Checkmate Services P. Ltd. Vs CIT (143 Taxmann.com 178). So far as the cited circular is concerned, the same merely exonerate the assessee from penal damages and nothing more. The decision of Hon’ble Apex Court would certainly take precedence over the cited decision of Kolkata Tribunal. Respectfully following the ratio laid down by Hon’ble Apex Court, we confirm the impugned order.
The appeal stand dismissed. Order pronounced on 05th December, 2023.
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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