RAJ TRIMURTI INFRA PROJECTS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 2(1), KOLKATA, KOLKATA

The solitary grievance of the assessee is that the ld. CIT(Appeals) has erred in confirming the action of the ld. Assessing Officer vide which an addition of Rs.33,88,284/- was made by him. According to the information available on the record, the assessee failed to deposit P.F. and ESI contributions of the employees to the respective Act within the due date provided under P.F. and ESI Acts. The ld. Assessing Officer made the disallowance with the help of section 36(1)(va).

Against this order of the ld. Assessing Officer, the assessee carried the matter in appeal before the ld. CIT(Appeals). The ld. 1st Appellate Authority has observed that the issue in dispute is covered by the decision of the Hon’ble Supreme Court in the case of Checkmate Services Pvt. Limited –vs.- CIT (2022) 143 taxman.com 178 (SC) rendered on 12.10.2022. The Hon’ble Supreme Court has held that employees contributions deducted by the employer for making payment towards P.F. & ESI Act were not deposited before the due date provided under those Acts, then assessee will not be eligible to claim deduction of such amounts. The assessee failed to deposit those contributions within the due date and the ld. 1st Appellate Authority has rightly upheld the action of the ld. Assessing Officer. We do not find any merit in this appeal of the assessee, it is dismissed. Assessment Year : 2018-2019 Raj Trimurti Infra Projects Pvt. Limited 4. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on July 6, 2023.