MAHARASHTRA CARBON PVT. LTD,CHANDRAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAC, CIRCLE, AMRAVATI

Coming to the assessee’s sole substantive grievance challenging correctness of both the lower authorities action making sec.36(1)(va) r.w.s.2(24)(x) disallowance/addition of ESI & PF contribution since credited beyond the due date as per the 2 ITA.No.313/NAG./2022 corresponding statutes; Learned counsel submitted very fairly that hon’ble apex court’s recent landmark decision in Checkmate Services P. Ltd., & Ors. vs. CIT & Ors. [2022] 448 ITR 518 (SC) has already settled the law in Revenue’s favour.

Learned counsel next vehemently argued that such a disallowance/addition could no longer be allowed to be made u/sec.143(1)(a) “processing”. The assessee’s instant latter arguments hardly carries any merit once sec.143(1)(a)(iv) has indeed found to be in the nature of an enabling provision for the purpose of “disallowance of expenditure” allowable the one in hand before us. Learned counsel at this stage sought to withdraw the assessee’s instant appeal. The Revenue is equally fair enough it’s withdrawal request. Ordered accordingly.

This assessee’s appeal is dismissed as withdrawn in above terms.