C & S ELECTRIC LIMITED,DELHI vs. ACIT, OSD RANGE-42, DELHI
What did the Tribunal hold?
The Tribunal set aside the issue to the AO for verification of the deposit date of employee's share of PF/ESI against salary disbursement. The AO is directed to grant an opportunity of hearing to the assessee and consider the evidence.
What were the facts?
The assessee's appeal is against an order upholding the disallowance of employee's contribution towards provident fund/ESI amounting to Rs. 171,93,968/- for assessment year 2018-19. The assessee claimed the deposit was made within the prescribed period.
What were the issues?
Whether the disallowance of employee's contribution towards PF/ESI is justified, and if the deposit was made within the prescribed time.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B ”: NEW DELHI
Before: SHRI M. BALAGANESH
O R D E R
PER Ms. MADHUMITA ROY, JM:
The instant appeal, filed by the assessee, is directed against the order dated 04.09.2024 passed by the learned Commissioner of Income-tax (Appeals), Prayagraj, arising out of the order/ intimation under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 21.12.2019 for assessment year 2018-19, where under and whereby the disallowance of the 171,93,968/- has been upheld.
At the time of hearing of the instant appeal learned counsel appearing on behalf of the assessee submitted before us that the employees’ share of provident fund/ESI was deposited within the prescribed period of 15 days from the end of the month in which salary was paid and hence the assessee is entitled to the relief as prayed for.
In this view of the matter verification of the date of payment based on the salaries disbursement ought to have been made by the learned AO.
Such prayer made by the learned AR has not been controverted by the learned DR with all fairness.
Having heard learned Representatives of the parties and having regard to the facts and circumstances of the case we are disposing of the instant appeal by setting aside the issue to the file of learned AO to verify the date of deposit of employees’ share of PF/ESI vis a vis contribution received from the employees u/s 36(1)(va) of the Act on the basis of the salary disbursement and to pass the order accordingly. The AO is further directed to grant opportunity of being heard to the assessee and consider the evidence on record or any other evidence in support of of hearing of the matter. Appeal is thus allowed for statistical purpose.
Order pronounced in open court on 21.03.2025.
More judgments on Section 36(1)(va)
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- R K Swamy Limited, Chennai vs DCIT Non Corporate Circle 10(1), ChennaiITA 504/CHNY/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- M/S. R.K. Swamy Ltd., Chennai vs DCIT, Ncc-10(1), ChennaiITA 2822/CHNY/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 838/IND/2025[2022-2023]Status: Disposed12 Oct 2026AY 2022-2023
Recent GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026