ACIT, JAIPUR vs. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD., JAIPUR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that employee's contribution to PF & ESI deposited before the due date of filing the return is allowable. This is based on the jurisdictional High Court's judgments in similar cases.
What were the facts?
The revenue appealed against the deletion of additions made by the AO for delayed deposit of employee's contribution to PF & ESI. The assessee had deposited these contributions before the due date of filing the return.
What were the issues?
Whether employee's contribution to PF & ESI deposited before the due date of filing the return is allowable as a deduction, and which section governs this provision.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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. JVVNL42 citing98 DTR 105 · 2014 · HC
- 98 DTR 105 (Raj.) (HC) CIT v. Udaipur DugdhUtpadakSahakariSangh Ltd.13 citing98 DTR 109 · 2013 · HC
Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER SHRI KUL BHARAT, J.M. These two appeals by the revenue are directed against two separate orders of ld. CIT (A)-2, Jaipur dated 28.11.2016 in respect of two different assessees
pertaining to assessment year 2012-13. The revenue has raised the following similar grounds except change in figures in both the appeals :-
2 ITA Nos. 122 & 124/JP/2017 M/s. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. & M/s. Jaipur Vidyut Vitaran Nigam Ltd.
ITA No. 122/JP/2017 :
“ 1. Whether on the facts and circumstances of the case and in law, the ld. CIT (A) was justified in deleting the addition of Rs. 2,39,08,425/- made by the AO for depositing the employee’s contribution to PF & ESI beyond the prescribed time limit provided in respective Acts.
Whether on the facts and circumstances of the case and in law, the ld. CIT (A) was justified in holding that employee’s contribution to PF & ESI are governed by the provision of section 43B and not by section 36(1)(va) r.w.s. 2(24)(x) of the I.T. Act.”
At the outset, the ld. Counsel for the assessee submitted that the issue is
squarely covered by the judgments of various Hon’ble High Courts including Hon’ble
Jurisdictional High Court wherein it has been held that if the employees’ contribution
to ESI and PF is deposited before the due date of filing of the return, the same is
allowable. The ld. Counsel submitted that in the present case the assessee has
deposited the entire amount of employees’ contribution towards ESI and PF before
the due date of filing of the return as is evident from the table given in the
assessment order itself. In support of his contention, the ld. Counsel placed reliance
on the following case laws :-
CIT vs. State Bank of Bikaner & Jaipur (2014) DTR 131 (Raj.HC) CIT vs. Jaipur Vidyut Vitran Nigam Ltd., 98 DTR 105 (Raj.HC) CIT vs. Udaipur Dugdh Utpadak SahakariSangh Ltd. (2013) 98 DTR 109 (Raj.HC).
The ld. Counsel, therefore, prayed that the order of ld. CIT (A) be affirmed.
2.1. On the contrary, the ld. D/R supported the order of the Assessing Officer.
3 ITA Nos. 122 & 124/JP/2017 M/s. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. & M/s. Jaipur Vidyut Vitaran Nigam Ltd.
2.2. We have heard rival contentions, perused the material available on record
and gone through the orders of the authorities below. We find that the issue
relating to deposit of contribution to ESI and PF is squarely covered by the various
judicial pronouncements of Hon’ble Jurisdictional High Court in the assessee’s own
case as cited by the ld. Counsel. The ld. D/R has not controverted the submissions
of the ld. Counsel. Therefore, placing reliance on the judgments of Hon’ble
Rajasthan High Court, we find no reason to interfere in the order of ld. CIT (A), the
same is hereby upheld.
In the result, appeals of the revenue are dismissed.
Order pronounced in the open court on 08 /03/2017.
Sd/- Sd/- ( HkkxpUn] ½ ( dqy Hkkjr) (BHAG CHAND ) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 08 /03/2017. d/ आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
The Appellant- The ACIT, Circle-6, Jaipur. 2. The Respondent – M/s. Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Jaipur & M/s. Jaipur Vidyut Vitaran Nigam Ltd., Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 122 & 124/JP/2017) vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
4 ITA Nos. 122 & 124/JP/2017 M/s. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. & M/s. Jaipur Vidyut Vitaran Nigam Ltd.
More judgments on Section 43B
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Siemens Gamesa Renewable Power Private… vs The Dy CIT Circle 8(2)(1), MumbaiITA 8020/MUM/2025[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Amritvarsha Industries Limited, Ambedkar… vs Assistant Commissioner of Income Tax…ITA 6481/DEL/2026[2010-2011]Status: Disposed7 Oct 2026AY 2010-2011
- Karaj Singh, Haryana vs PCIT (Central) Gurgaon, GurgaonITA 642/CHANDI/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- ACIT, Mumbai vs Imp Powers Limited, MumbaiITA 4982/MUM/2025[2012-13]Status: Disposed30 Sept 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026