MRESULT SERVICES PRIVATE LIMITED,BNGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BENGALURU

This appeal by the assessee is against the order of the CIT(Appeals) dated 29.07.2022 for the assessment year 2019-20.

On merits, the only issue involved in this appeal is regarding disallowance of a sum of Rs.20,80,186 u/s. 36(1)(va) of the Income-tax Act, 1961 [the Act] for delay in crediting the employees contribution to the Provident Fund. We find that this issue is covered against the assessee by the decision of Supreme Court in the case of Checkmate Services [2022] 143 taxmann.com 178 (SC)whereby the employees contribution to PF and ESI should be remitted before the due date as per explanation to section 36(1)(va) i.e., on or before the due date under the relevant employee welfare legislation like PF Act, ESI Act etc., for the same to be otherwise allowable u/s.43B.

None appeared on behalf of the assessee at the time of hearing of the appeal. However, the assessee has filed a letter dated 8.11.2022 seeking permission to withdraw the appeal as below –

In view of the letter filed by the assessee, the appeal is dismissed as withdrawn.