AAKAR FOUNDRY P LTD,PUNE vs. CENTRALIZED PROCEEDINGS CENTRE (CPC), BANGALORE

PDF · subscribers
ITA 404/PUN/2021Status: DisposedITAT Pune19 September 2022AY 2019-205 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the payment of employee's contribution beyond the statutory due date but before the due date of filing the income tax return under Section 139(1) is allowable as expenditure. This decision follows precedents from the Rajasthan High Court and the jurisdictional High Court.

What were the facts?

The assessee's appeal concerns the disallowance of Rs. 6,67,258/- for delayed deposit of employee's contribution to PF/ESI. The amount was deposited after the statutory due date but before the filing of the income tax return.

What were the issues?

The key issue is whether the delayed deposit of employee's contribution to PF/ESI, made before the filing of the return, is an allowable deduction. The applicability of amendments to Section 43B and Section 36(1)(va) is also considered.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 43B,Section 36(1)(va),Section 139(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show 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.

Income Tax Appellate Tribunal, “A”

Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE

For Respondent: Shri Ramnath P Murkunde – DR
Hearing: 14/09/2022Pronounced: 19/09/2022

आदेशकीप्रनिनलनपअग्रेनषि / Copy of the Order forwarded to : अपऩलधर्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The CIT(A), Pune-12. 4. The Pr. CIT-Central, Pune. नवभधगऩयप्रनिनिनर्,आयकरअपऩलऩयअनर्करण, “ए” बेंच, 5. पपणे / DR, ITAT, “A” Bench, Pune. गधर्ाफ़धइल / Guard File. 6.

आदेशधिपसधर / BY ORDER, // TRUE COPY // Senior Private Secretary आयकरअपऩलऩयअनर्करण, पपणे/ITAT, Pune.

S.No Details Date Initials Designation 1 Draft dictated on 15.09.2022 Sr. PS/PS 2 Final Draft placed before 15.09.2022 Sr. PS/PS author 3 Draft proposed & placed JM/AM before the Second Member 4 Draft discussed/approved by AM/AM Second Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

More judgments on Section 43B

All 7,161 judgments and leading authorities on Section 43B →

Recent GST High Court judgments

Search GST case law →