AJIT KUMAR SINGH,PATNA vs. DCIT/AC, CIRCLE-4, PATNA
What did the Tribunal hold?
The tribunal upheld the disallowance, stating that strict compliance with Section 36(1)(va) is mandatory for claiming deductions. The Supreme Court ruling in Checkmate Services (P.) Ltd. was followed, which held that delayed deposit of employee contributions to PF & ESI results in addition to income.
What were the facts?
The assessee appealed against the disallowance of Rs. 1,80,45,483/- made by the Assessing Officer and confirmed by the CIT(A). This disallowance was due to the delayed payment of employees' contribution to PF & ESI.
What were the issues?
Whether delayed deposit of employees' contribution to PF & ESI, even if made before the due date of filing the return, is disallowable under Section 36(1)(va) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 36(1)(va),Section 2(24)(x),Section 43B,Section 139(1)
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- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
Before: SHRI RAJPAL YADAV, HON’BLE & DR. MANISH BORAD, HON’BLE
O R D E R
PER DR. MANISH BORAD, ACCOUNTANT MEMBER:
More judgments on Section 36(1)(va)
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- R K Swamy Limited, Chennai vs DCIT Non Corporate Circle 10(1), ChennaiITA 504/CHNY/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- M/S. R.K. Swamy Ltd., Chennai vs DCIT, Ncc-10(1), ChennaiITA 2822/CHNY/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 838/IND/2025[2022-2023]Status: Disposed12 Oct 2026AY 2022-2023
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