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

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ITA 953/BANG/2022Status: DisposedITAT Bangalore09 November 2022AY 2019-203 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the issue regarding delayed remittance of employee PF contributions is covered against the assessee by the Supreme Court decision in Checkmate Services. However, the appeal was dismissed as withdrawn.

What were the facts?

The assessee appealed against the disallowance of Rs. 20,80,186 for delayed crediting of employees' contribution to Provident Fund. The assessee sought to withdraw the appeal.

What were the issues?

The primary issue was the disallowance of employee PF contributions due to delayed remittance. The assessee subsequently withdrew the appeal.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 43B

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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SMT. BEENA PILLAI & Ms. PADMAVATHY S

For Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Hearing: 09.11.2022Pronounced: 09.11.2022

Date of hearing : 09.11.2022 Date of Pronouncement : 09.11.2022 O R D E R

Per Padmavathy S., Accountant Member

1.

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

2.

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.

3.

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 –

4.

In view of the letter filed by the assessee, the appeal is dismissed as withdrawn.

Pronounced in the open court on this 9th day of November, 2022.

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