RATUL DUTTA,KOLKATA vs. ADIT-CPC, ITO,50(1), KOLKATA

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ITA 253/KOL/2023Status: DisposedITAT Kolkata14 July 2023AY 2020-212 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 deduction for delayed deposit of employees' PF contribution cannot be claimed, even if paid before the return filing due date. Such amounts are deemed income.

What were the facts?

The assessee's appeal concerns the disallowance of Rs. 13,26,510/- for employees' contribution to PF & ESI. This amount was paid after the due date prescribed under the relevant Act.

What were the issues?

Whether delayed deposit of employees' contribution to PF & ESI is allowable as a deduction. Whether such delayed deposits are to be treated as income.

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

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Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA

Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE

For Appellant: Shri Swati Baid, FCA
Hearing: 05/07/2023Pronounced: 14/07/2023

O R D E R

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

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