AUTO GEAR PVT. LTD.,DELHI vs. CIRCLE-3(2), DELHI

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ITA 33/DEL/2022Status: DisposedITAT Delhi22 March 2022AY 2019-209 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue is well-settled in favor of the assessees based on High Court decisions. The Assessing Officer was directed to delete the impugned disallowances.

What were the facts?

Several assessees appealed against disallowances of PF and ESI payments. These payments were disallowed because they were made after the due date specified under the relevant legislation.

What were the issues?

Whether disallowance of PF and ESI payments made beyond the statutory due date is justified.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Before: SH. N. K. BILLAIYA & MS. ASTHA CHANDRA

Hearing: 22/03/2022Pronounced: 22/03/2022

Heard together (2 matters)

ITA No.155 /Del/2022
ITA No.147 /Del/2022

Read from the judgment's own cause title. This page is filed under one of them.

PER BENCH:

1.

The captioned appeals by different assessee’s are preferred against different orders of the first appellate authority.

2.

The captioned appeals have been bunched together in this order for the sake of our convenience and brevity.

3.

The common grievance in the captioned appeals pertains to the disallowance of PF and ESI payments on account of these payments being made beyond the due date specified under the specific parent legislation.

4.

Respective representatives of the assessee and the DR fairly conceded that the issue in the captioned appeals are identical and on such concession the appeals were heard.

5.

After carefully perusing the common grievance in the captioned appeals, we are of the considered opinion that the issue is now well settled in favour of the assessee and against the revenue by the decision of the Hon’ble High Courts as follows :-

6.

In the light of the common issues raised in the light of the decisions cited here in above, we direct the AO to delete the impugned disallowances in the hands of respective appellants.

7.

In the result, the captioned appeals are allowed.

8.

The order is pronounced in the open court on 22.03.2022 in the presence of both the representatives.

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