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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA
PER MAHAVIR SINGH, VICE PRESIDENT: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi vide Appeal No.NFAC/2017-18/10015141
2 ITA No.936/Chny/2022 & SP No. 73/Chny/2022 dated 06.10.2022. The return of income was processed by the DCIT, CPC, Bangalore by issuing intimation u/s.143(1) of the Income Tax Act, 1961 (hereinafter the ‘Act’) dated 25.10.2019.
The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the action of CPC, Bangalore making adjustment u/s.143(1) of the Act, on account of belated payments of provident fund and ESI amounting to Rs.17,05,190/-. The ld.AR for the assessee filed details of payments made on account of employees contribution to provident fund and ESI and stated that only following are the “ineligible” payments:- Amount paid Amount paid towards towards S. Date of Date of Month employee’s employee’s No. Payment payment contribution to contribution to PF ESI 1 June 2017 130108 17-07-2017 2 Feb 2018 106398 16-03-2018 15475 16-03-2018 3 Mar 2018 16807 16-04-2018 Total 236506 32282
The ld.AR stated that ineligible payments are only to the extent of Rs.2,68,788/- and rest of the payments are within the due dates. He filed complete chart before us in assessee’s paper- book but this cannot be verified at this stage. Hence, we remand this matter back to the file of the AO to verify the dates of
3 ITA No.936/Chny/2022 & SP No. 73/Chny/2022 payments and in case, the payments are made within the time allowed under the respective statues i.e., the PF & ESI Acts, the same will be allowed and the payments made beyond the time prescribed under the respective statutes will be disallowed. In term of the above, the orders of the lower authorities are set aside and the matter is remanded back to the file of the AO. The appeal of the assessee is allowed for statistical purposes.
Since we have heard the appeal and decided, the Stay petition becomes infructuous and hence, dismissed.
In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay petition is dismissed as infructuous.
Order pronounced in the open court on 16th November, 2022 at Chennai.
Sd/- Sd/- (महावीर �सह ) (जी. मंजुनाथ) (MAHAVIR SINGH) (G. MANJUNATHA) उपा�य� /VICE PRESIDENT लेखा सद�य/ACCOUNTANT MEMBER चे�ई/Chennai, �दनांक/Dated, the 16th November, 2022 RSR आदेश क� �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant 2. ��यथ�/Respondent 3. आयकर आयु� (अपील)/CIT(A) 4. आयकर आयु� /CIT 5. िवभागीय �ितिनिध/DR 6. गाड� फाईल/GF.