ADANI INTERNATIONAL CONTAINER TERMINAL PVT. LTD,AHMEDABAD vs. THE ACIT CIRCLE-1(1)(1), AHMEDABAD
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 upheld the disallowance of the employees' contribution to Provident Fund. The decision was based on the jurisdictional High Court's ruling that such payments must be made within the due date prescribed by the relevant Act to be allowable.
What were the facts?
The assessee claimed a deduction for employees' contribution to Provident Fund. The Assessing Officer disallowed this amount as it was paid after the due date prescribed by the Provident Fund Act, even though it was paid before the due date for filing the return of income.
What were the issues?
Whether employees' contribution to Provident Fund paid after the due date under the PF Act, but before the due date for filing the return of income, is allowable as a deduction.
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.
- CIT v. Gujarat State Road Transport Corporation1,158 citing366 ITR 170 · 2014 · HC
Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI PRAMOD M JAGTAP&
The instant appeal filed by the assessee is directed against the order dated 25.08.2020 passed by the Commissioner of Income Tax (Appeals)-1, Ahmedabad arising out of the order dated 24.11.2019 passed by the ACIT, Circle-1(1)(1), Ahmedabad under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2017-18.
The grounds of appeal
raised by the assessee are read as under: “1. On the facts and in the circumstances of the case of the appellant, the learned CIT(A) erred in confirming disallowance of Rs. 2,16,626/- being Employees’ contribution to Provident Fund made by the Assessing Officer on the ground that the aforesaid payment was made after the due date prescribed under relevant Act, even though the payment was made within the time prescribed under section 139(1) of the I.T. Act, 1961 for filing the return of income.
2. The appellant craves leave to add, alter, amend and/or withdraw any ground or grounds of appeal either before or during the course of hearing of the appeal.”
At the time of hearing of the instant appeal the Ld. Counsel appearing for the assessee with all his fairness submitted before us that the issue relating
Adani International Container Terminal P. Ltd. vs. ACIT Asst.Year –2017-18 - 2 - to deposit of Provident Fund and ESIC Contribution on the identical facts and circumstances of the case has been decided against the assessee by the Hon’ble Jurisdictional High Court in the case of CIT vs. GSRTC, reported in 366 ITR 170.
On the other hand, the Ld. D.R. relied upon the order passed by the authorities below.
Having heard the Ld. Counsel appearing for the parties and having regard to the facts and circumstances of the case and considering the order passed by the Hon’ble Jurisdictional High Court in the issue involved we do not find any ambiguity in the order of addition made by the authorities below. Hence, respectfully relying upon the same we upheld the order impugned before us. Therefore, assessee’s appeal is found to be devoid of any merit and thus, dismissed.
More judgments on Section 139(1)
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Nitinbhai Nanalal Badani, Rajkot vs CIT(Appeals), National Faceless Appeal…ITA 485/RJT/2025[2022-23]Status: Disposed19 Oct 2026AY 2022-23
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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