M/S. SHEELA FOAM LTD.,GHAZIABAD vs. ACIT, NEW DELHI
What did the Tribunal hold?
The Tribunal held that if the employee's contribution to PF and ESI was deposited before the due date of filing the return of income, the assessee cannot be held in default. The matter was remanded for verification of this aspect.
What were the facts?
The assessee's appeal concerned an addition of Rs. 2,52,962 made for delayed deposit of employee's contribution to PF and ESI. The Assessing Officer and CIT(A) confirmed this addition.
What were the issues?
Whether the delay in depositing employee's contribution to PF and ESI, if deposited before the return filing due date, leads to disallowance under Section 36(1)(va) and Section 43B.
Which sections of the Income-tax Act were involved?
Section 2(24)(x),Section 36(1)(va),Section 139(1),Section 43B,Section 234B,Section 234C
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.
- CIT v. Alom Extrusions Ltd.1,344 citing319 ITR 306 · 2009 · SC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
आदेश / ORDER PER SUSHMA CHOWLA,VP The present appeal filed by assessee is against order of CIT(A)-24, New Delhi dated 31.08.2016 relating to assessment year 2013-14 against order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).
The assessee has raised following grounds of appeal:-
1. “That the Commissioner of Income-tax (Appeals) erred on facts and in law in confirming the action of the assessing officer in making addition of Rs.2,52,962 under section 2(24)(x) read with section 36(1) (va) of the Income Tax Act, 1961 (‘the Act’), on account of alleged delay in deposition of employee’s contribution to Provident Fund (‘PF’) and Employee State Insurance (‘ESI’) in the assessment year under consideration. 1.1. That the Commissioner of Income-tax (Appeals) erred on facts and in law in not appreciating that the aforesaid amount was collected and deposited by the appellant within the due date specified under section 139(1) and the same was, therefore, allowable as deduction in terms of provisions of section 43B of the Act. 1.2. That the Commissioner of Income-tax (Appeals) erred on facts and in law in not following the binding decision of the Income Tax Appellate Tribunal in the appellant’s own case for the earlier assessment year 2000-01, in gross violation of principles of judicial discipline.
2. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in not deleting the interest charged under section 234B and 234C of the Act.”
3. The assessee moved an application for adjournment which is dismissed on the ground that the issue in the present appeal stands covered by the order of the Hon'ble Supreme Court of India.
The assessee has raised various Grounds of appeal but the only issue raised is against the addition of Rs.2,52,962/- u/s 2(24)(x) r.w.s. 36(1)(va) of the Income Tax Act, 1961.
Briefly in the facts of the case there was delay in deposit of employee’s contribution to Provident Fund (in short “PF”) and the Employee State Insurance (in short “ESI”) by the assessee for the year under consideration.
The Assessing Officer held the assessee to be default in view of provision of section 2(24)(x) r.w.s. 36(1)(va) of the Act and, an addition of Rs.2,52,962/- was made in the hands of the assessee. The CIT(A) confirmed the order of the AO, against which the assessee is in appeal before us.
We find that the present issue raised in the appeal against disallowance made u/s 2(24)(x) r.w.s. 36(1)(va) of the Act stands covered in favour of the assessee by the decision of Hon’ble Supreme Court in CIT vs Alom Extrusions [2009] 319 ITR 306 (SC). Following the same parity of reasoning, we hold that where the assessee has deposited the said amount on account of employee’s contribution to Provident Fund and Employee State Insurance before the due date of filing of return of income, then, the assessee cannot be held to be in default. The Assessing Officer may verify this particular aspect of depositing the alleged amount before the due date of filing the return of income. The assessee is directed to file the requisite details before the Assessing Officer in this regard and the Assessing Officer is also directed to afford reasonable opportunity of hearing to the assessee and decide the issue in line with our direction. Grounds of appeal raised by the assessee are thus allowed.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 21st May, 2020.
More judgments on Section 2(24)(x)
- Bharata Thakrya Thakur, Nerul, Navi Mumbai vs Assistant Director of Income Tax, BengaluruITA 6024/MUM/2026[2021-22]Status: Disposed29 Sept 2026AY 2021-22
- Bharat Thakrya Thakur, Nerul, Navi Mumbai vs Assistant Director of Income Tax, BengaluruITA 6023/MUM/2026[2020-21]Status: Disposed29 Sept 2026AY 2020-21
- Bharat Thakrya Thakur, Nerul, Navi Mumbai vs Assistant Director of Income Tax, BengaluruITA 6022/MUM/2026[2019-20]Status: Disposed29 Sept 2026AY 2019-20
- Bharat Thakrya Thakur, Nerul, Navi Mumbai vs Assistant Director of Income Tax, BengaluruITA 6021/MUM/2026[2018-19]Status: Disposed29 Sept 2026AY 2018-19
- Manipal Technologies Limited, Manipal vs ITO 1 Udupi, UdupiITA 10/BANG/2026[2018-2019]Status: Disposed28 Sept 2026AY 2018-2019
Recent GST High Court judgments
Search GST case law →- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026