ATUL ENTERPRISES,AHMEDABAD vs. THE DCIT, CPC, BANGALURU
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 dismissed the appeal, relying on the jurisdictional High Court's decision in CIT vs. GSRTC. The court held that if employee contributions are not credited to the employee's account by the due date under Section 36(1)(va), the deduction is not allowable even if deposited before the due date under Section 43B.
What were the facts?
The assessee claimed a deduction for employee's contribution to PF/ESI. The CIT(A) disallowed this amount, and the assessee appealed, arguing it was paid before the return filing due date.
What were the issues?
Whether disallowance of employee's contribution to PF/ESI is justified when paid before the return filing due date but not by the due date specified in Section 36(1)(va).
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, “B” BENCH, AHMEDABAD
Before: SHRI PRAMOD M JAGTAP&
The instant appeal filed by the assessee is directed against the order dated 24.02.2020 passed by the Commissioner of Income Tax (Appeals)-3, Ahmedabad arising out of the order dated 16.10.2019 passed by the DCIT(CPC), Bengaluru under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2018-19.
The grounds of appeal
raised by the assessee are read as under: “1. The learned CIT(A) erred in law and on facts in making disallowance of Rs.692355/- u/s.36(1)(va) of the Act eventhough the same is allowable u/s. 43B of the Act on payment basis.
2. The learned CIT(A) ought to have seen that the appellant paid the said P.F., E.S.I. during the financial year itself/before the due date of filing of return and hence fully allowable.
3. The learned CIT(A) while passing the said order have not allowed opportunity of being heard eventhough the appellant had filed adjournment letter
Atul Enterprises vs. DCIT Asst.Year –2018-19 - 2 - requesting to file written submissions along with case laws in the said matter dated Total tax effect.”
At the time of call, none appears on behalf of the assessee neither any written notes of submissions was filed before us. Further that it appears from the fact that employees’ contribution has not been paid within the due date prescribed under the provision of law though, according to the assessee it was paid before filing of return for the year under consideration. We find the identical facts and circumstances of the case the ground of appeal has already been decided against the assessee by the Hon’ble Jurisdictional High Court in the case of CIT vs. GSRTC, reported in 366 ITR 170. While dealing with this particular aspect of the matter the Hon’ble Court was pleased to observe as follows:
“"Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance — Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as prescribed in Explanation to section 36(1)(va), assesses shall not be entitled to deduction of such amount though he deposits same before due date prescribed under section 43B i.e., prior to filing of return under section 139(1) -Held, yes - Assesses State transport corporation collected a sum being provident fund contribution from its employees - However, it had deposited lesser sum in provident fund account — Assessing Officer disallowed same under section 43B -However, Commissioner (Appeals) deleted disallowance on ground that employees contribution was deposited before filing return - Whether since assessee had not deposited said contribution in respective fund account on date as prescribed in Explanation to section 36(1 )(va), disallowance made by Assessing Officer was just and proper - Held, yes [Para 8] [In favour of revenue]”
Respectfully relying upon the order passed by the Hon’ble Jurisdictional High Court on the identical facts we find it fit and proper to dismiss this ground of appeal filed by the assessee. Hence, the appeal
Atul Enterprises vs. DCIT Asst.Year –2018-19 - 3 - filed by the assessee is found to be devoid of any merit and thus, dismissed.
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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