KARTHIKEYAN SANJEEVI RAJA SUJJUR,CHENNAI vs. ITO,NON-CORPORATE WARD1(2), CHENNAI
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 upheld the disallowance, relying on the Supreme Court's decision in Checkmate Services P. Ltd. vs. CIT. The alternative claim for deduction under Section 37(1) was rejected as special provisions prevail over general ones.
What were the facts?
The assessee's appeal concerns the disallowance of late payment of Employees' contribution to PF/ESI. This adjustment was made by the CPC based on the Tax Audit Report and confirmed by the CIT(A).
What were the issues?
Whether disallowance of late payment of Employees' contribution to PF/ESI is justified. Whether Section 37(1) can be invoked for deduction when specific provisions apply.
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, “C” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The only issue in the captioned appeal is confirmation of disallowance of late payment of Employees’ contribution to PF / ESI. The CPC has made this adjustment u/s 143(1) as per reporting made in the Tax Audit Report. The Ld. CIT(A) confirmed the adjustment by relying on the recent decision of Hon’ble Supreme Court in bunch of appeals titled as Checkmate Services P. Ltd. Vs CIT (143 Taxmann.com 178). Aggrieved the assessee is in further appeal before us.
Since impugned order follows a binding judicial precedent, no interference is called for in the same. The Ld. AR submitted that the deduction may be alternatively be allowed u/s 37(1). However, the same cannot be accepted since special provisions would prevail over general provisions. In the result, the appeals stand dismissed.
Order pronounced on 28th August, 2023.
More judgments on Section 37(1)
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Smit Navnitlal Soni, Ahmedabad, Gujarat vs ITO Ward-5(3)(1), Ahmedabad, GujaratITA 1434/AHD/2026[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Shobha Sudamrao Tagad, Ahmednagar vs ITO WD-1, AhmednagarITA 311/PUN/2026[2023-24]Status: Disposed13 Oct 2026AY 2023-24
- Digjam Limited, Jamnagar vs The Principal Commissioner of Income Tax…ITA 349/RJT/2025[2021-22]Status: Disposed12 Oct 2026AY 2021-22
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026