SHWETA BOSE,KOLKATA vs. I.T.O., WARD - 25(2), KOLKATA, KOLKATA

PDF · subscribers
ITA 470/KOL/2022Status: DisposedITAT Kolkata28 March 2023AY 2020-20213 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal observed that a sum of Rs. 29,386/- was paid within the due date. Therefore, this amount was allowed, and the remaining Rs. 6,83,207/- was disallowed.

What were the facts?

The assessee appealed against the disallowance of Rs. 7,12,593/- made by the ITO, CPC on account of PF & ESI payments made beyond the due dates. The assessee argued that a portion of the payment was made within the due time.

What were the issues?

Whether disallowance of PF & ESI payments made after the due date under the respective Acts is justified, and if any portion was paid within the due date.

Which sections of the Income-tax Act were involved?

Section 43B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

ORDER / आदेश Per Rajesh Kumar, AM:

This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax- NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)”] dated 28.07.2022 for the AY 2020-21.

2.

The only issue raised by the assessee in various grounds of appeal is against the confirmation of disallowance of Rs. 7,12,593/- by the Ld. CIT(A) as made by the ITO, CPC on account of PF & ESI on the ground that payments were made beyond the due date under the respective Acts.

2 Assessment Year: 2020-21 Shweta Bose 3. At the outset, the Ld. Counsel for the assessee submitted before the bench that out of total amount of disallowance of Rs. 7,12,593/- a sum of Rs. 29,386/- which pertains to the Month of April, 2019 was deposited well within the due time under the respective Act. The Ld. Counsel for the assessee drew our attention to reverse of page no. 24 and page no. 11 of the PB and submitted that a sum of Rs. 29,386/- deserves to be allowed as was paid within the due time under the respect Act and the remaining amount of Rs. 6,83,207/- is required to be added to the income of the assessee.

4.

The Ld. D.R on the other hand relied on the order of authorities below.

5.

After considering the rival submissions and details furnished by the assessee at page no. 11 and reverse of page no. 24, we observe that the assessee has paid a sum of Rs. 29,386/- on 15.05.2019 and therefore this sum is required to be allowed while computing the income of the assessee and only the remaining balance of Rs. 6,83,207/- is required to be disallowed. Accordingly, we modify the order of Ld. CIT(A) and direct the AO to allow the sum of Rs. 29,386/- and only disallow and add Rs. 6,83,207/- to the income of the assessee.

6.

In the result, the appeal of the assessee is partly allowed.

Order is pronounced in the open court on 28th March, 2023

More judgments on Section 43B

All 7,161 judgments and leading authorities on Section 43B →

Recent GST High Court judgments

Search GST case law →