BANNARI AMMAN SPINNING MILLS LIMITED,COIMBATORE vs. ACIT CORPORATE CIRCLE 1, COIMBATORE

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ITA 273/CHNY/2023Status: DisposedITAT Chennai24 April 2023AY 2018-192 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 the disallowance was justified as the issue was covered by the Supreme Court's decision in the Checkmate Services P. Ltd. case. The impugned order correctly followed this precedent.

What were the facts?

The appeal concerns the disallowance of late payment of employees' contribution to PF/ESI for the Assessment Year 2018-19. The Assessing Officer disallowed the deduction based on the late payment.

What were the issues?

Whether the disallowance of employees' contribution to PF/ESI paid after the due date but before the due date of filing the return of income is justified in light of the Supreme Court's ruling.

Which sections of the Income-tax Act were involved?

Section 43B,Section 36(1)(va),Section 2(24)(x)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANOMOHAN DAS

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. In the aforesaid appeal for Assessment Year 2018-19, the sole issue that fall for our consideration is disallowance of late payment of Employees’ Contribution to PF / ESI in terms of Sec.43B r.w.s. 36(1)(va) as well as Sec.2(24)(x). During hearing, it transpires that the impugned issued stood covered in revenue’s favor by the decision of Hon’ble Supreme Court in bunch of appeals titled as Checkmate Services P. Ltd. Vs CIT (Civil Appeal No.2833 of 2016 dated 12.10.2022). The impugned order has merely followed this decision.

- 2 - This position remains uncontroverted before us. Therefore, no interference is called for in the impugned order. 2. The appeal stand dismissed Order pronounced in open court on 24th April, 2023.

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