M/S SECURE OFFSET PVT. LTD.,HOWRAH vs. DCIT, CEN.CIR. 3(2), KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal recalled its earlier order and, following the Supreme Court's decision in Checkmate Services Pvt. Ltd., held that strict compliance with Section 36(1)(va) is mandatory for claiming deduction on employees' PF/ESI contributions, even if deposited before the return filing due date.
What were the facts?
The revenue filed a miscellaneous application to recall the Tribunal's earlier order which had dismissed its appeal. The appeal concerned the disallowance of employees' contribution to PF & ESI due to delayed deposit.
What were the issues?
Whether delayed deposit of employees' contribution to PF/ESI, even if made before the return filing due date, is eligible for deduction under Section 36(1)(va) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH, KOLKATA
Before: SHRI SANJAY GARG, HON’BLE & SHRI GIRISH AGRAWAL, HON’BLE
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R
PER SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER :
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
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