RICHFIELD FERTILISERS P LTD,NASHIK vs. CIT(A), NFAC, DELHI

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ITA 482/PUN/2022Status: DisposedITAT Pune23 November 2022AY 2018-1924 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the disallowance under Section 36(1)(va) is justified if the employees' share of contributions is not credited to the employees' account in the relevant fund on or before the due date prescribed under the respective Acts. Payments made before the due date of filing the return of income are not sufficient compliance.

What were the facts?

The assessees deposited their employees' share of EPF/ESIC contributions after the due date prescribed under the respective Acts but before the due date for filing the return of income. The Assessing Officer made disallowances under Section 36(1)(va) for these late deposits.

What were the issues?

Whether disallowance under Section 36(1)(va) is warranted for late deposit of employees' share of EPF/ESIC contributions, even if paid before the due date of filing the return of income.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 2(24)(x),Section 43B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “C”, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri Suhas Kulkarni

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to: 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. The CIT(A) concerned, 4. The CIT concerned िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “C” / 5. DR ‘C’, ITAT, Pune गाड� फाईल / Guard file 6.

आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 21-11-2022 Sr.PS 2. Draft placed before author 23-11-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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