M.D.D. MEDICLA SYSTEMS(INDIA) PVT. LTD.,DELHI vs. DCIT, CIRCLE-16(1), DELHI
What did the Tribunal hold?
The tribunal allowed the ground related to EPF disallowance, directing the AO to verify the payment dates in light of the Supreme Court's decision. For the Section 43B issue, the tribunal found the disallowance unsustainable as the expenditure was not claimed in the profit and loss account.
What were the facts?
The assessee appealed against an order disallowing delayed deposit of EPF contributions and an addition for inconsistency in disallowance under Section 43B. The EPF issue involved a disallowance of Rs. 3,73,242, and the Section 43B issue involved an addition of Rs. 3,93,106.
What were the issues?
Whether delayed deposit of EPF contributions is disallowable, and whether disallowance under Section 43B is sustainable when the expenditure is not claimed in the profit and loss account.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, DELHI
Before: SHRI M BALAGANESH & SHRI ANUBHAV SHARMA
P a g e | 1 ITA No.9144/Del/2025 MDD Medical Systems (India) Pvt. Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, DELHI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER & SHRI ANUBHAV SHARMA, JUDICIAL MEMBER
ITA No.9144/Del/2025 (Assessment Year: 2018-19)
M.D.D Medical Systems Vs. DCIT, Circle 16(1) (India) Pvt. Ltd. CR Building, IP Estate Block L-3, Santram New Delhi – 110002 Complex, Street No.1, Mahipalpur Extension Delhi - 110037 स्थायीलेखासं./जीआइआरसं./PAN/GIR No: AADCM7793A Appellant .. Respondent Appellant by : Sh. Mukesh Jain, CA Sh. Samyak Jain, Adv. Respondent by : Sh. Rajesh Kumar Dhanesta, Sr. DR
Date of Hearing 29.04.2026 Date of Pronouncement 15.07.2026
O R D E R PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 24.11.2025 of the Ld. Addl/JCIT(A)-9, Mumbai (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN & Order No:
P a g e | 2 ITA No.9144/Del/2025 MDD Medical Systems (India) Pvt. Ltd. ITBA/APL/S/250/2025-26/1082947314(1) arising out of the assessment order dated 18.07.2022 u/s 154 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by ADIT, CPC, Bengaluru, for AY: 2018- 19.
On hearing both sides we find that primarily the issue arises out of disallowance of the delayed deposit of contribution towards EPF amounting to Rs.3,73,242/- u/s 143(1)(a) of the Income Tax Act, 1961 and addition of Rs.3,93,106/- by way of rectification order u/s 154 of the Act on account of inconsistency in disallowance u/s 143B of the Act between return filed and Form 3CA -3CD.
On hearing both sides we find that as with regard to disallowance of contribution received from employees towards EPF the contention of ld. Counsel is that the due date referred has to be considered in context to respective statute and it was submitted that the amounts were paid within one month of the date of payment of salary and thus according to the corresponding statute the amounts were paid in due date. This aspect can very well be considered by ld. AO after due verification in the light of decision of Hon’ble Supreme Court in Checkmate Services P. Ltd. CIT-1
P a g e | 3 ITA No.9144/Del/2025 MDD Medical Systems (India) Pvt. Ltd. (2022) (10) TMI 617 (SC) and therefore, we are inclined to allow the
corresponding grounds No. 2 for statistical purpose.
Then with regard to disallowance made by AO of Rs.3,93,106/- u/s
43B of the Act. Ld. Counsel has demonstrated before us that the tax auditor
in Column No. 26(i)(B)(b) of Form 3CD, copy of which is available at page
No. 8 of the paper book it can be observed that following payments are
outstanding on the last day of physical year and not paid before filing of the
returns of income:
Particulars Amount (in INR) WCT Payable 56,59,374/- VAT Payable 10,56,908/- TDS Payable 10,913/- Total 67,27,195/-
We find that while processing the return of assesse CPC has
disallowed the following:
Particulars Amount in the Amount mentioned in Variance return of Income Form Annexure 3CD Inconsistency in amount 12,07,772/- 67,27,195/- 55,19,423/- debited to Profit and Loss Account of the previous year but disallowable under section 43B
Ld. Counsel has submitted that out of total payable of Rs.67,25,195/
only Rs.3,93,106/- belongs to the year under consideration remaining
P a g e | 4 ITA No.9144/Del/2025 MDD Medical Systems (India) Pvt. Ltd. Rs.63,26,176/- was the opening outstanding amount which relates to the
preceding years i.e., preceding to the years under consideration as depicted
in the table below:
Particulars Opening balance Addition/(deletion) Closing balance during the year WCT payable 52,66,268/- 3,93,106/- 56,59,374/- VAT Payable GOA 1,42,176/- - 1,42,176/- VAT Payable Kangra 7,85,557/- - 7,85,557/- HP VAT Payable – PATNA 4,97,529/- (3,68,354/-) 1,29,175/- Total 66,91,530 67,16,282
Thus, in regard to this issue on the basis of aforesaid submissions as
expenditure is not claimed in profit and loss account, disallowance u/s 43B
is not sustainable. We accordingly allow ground No.3.
As a consequence of aforesaid discussion the appeal of assesse is
partly allowed with consequences to follow as per determination of issues
above.
Order pronounced in the open court on 15.07.2026
Sd/- Sd/- (M Balaganesh) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated 15.07.2026 Rohit, Sr. PS
P a g e | 5 ITA No.9144/Del/2025 MDD Medical Systems (India) Pvt. Ltd. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
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