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

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ITA 313/NAG/2022Status: DisposedITAT Nagpur29 February 2024AY 2018-20193 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that Section 143(1)(a)(iv) allows for disallowance of expenditure. Consequently, the assessee sought to withdraw the appeal, which was granted.

What were the facts?

The assessee challenged a disallowance of ESI & PF contributions credited beyond the due date. The assessee conceded that the Supreme Court decision in Checkmate Services P. Ltd. settled the law in favor of the revenue.

What were the issues?

Whether disallowance under Section 36(1)(va) for delayed ESI/PF contributions can be made under Section 143(1)(a) processing. Whether the Supreme Court's decision in Checkmate Services P. Ltd. is applicable.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 2(24)(x),Section 143(1)(a)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR

Before: SHRI SATBEER SINGH GODARA & SHRI DR. DIPAK P. RIPOTE

Hearing: 27.02.2024Pronounced: 29.02.2024

[THROUGH VIRTUAL HEARING AT PUNE] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER I.T.A.No.313/NAG./2022 Assessment Year 2018-2019 Maharashtra Carbon Private Limited, Yashojjwal, The ACIT, Circle, Nagpur Road, Chandrapur ITO Building, vs. H.O. Chandrapur-442 401 Amravati – 444 602 Maharashtra Maharashtra. PAN AABCM2391J (Appellant) (Respondent) For Assessee : Shri Mahavir Atal, C.A. For Revenue : Shri Abhay Y Marathe, Sr.DR Date of Hearing : 27.02.2024 Date of Pronouncement : 29.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. This assessee’s appeal for assessment year 2018-2019, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2022- 23/1045262373(1), dated 07.09.2022, involving proceedings u/s. 154 of the Income Tax Act, 1961 (in short “the Act”).

Heard Both the parties. Case file perused.

2.

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.

3.

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.

4.

This assessee’s appeal is dismissed as withdrawn in above terms.

Order pronounced in the open Court on 29.02.2024.

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