VEKTRA ENGINEERING PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE - 2(4), KOLKATA, KOLKATA

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ITA 1584/KOL/2017Status: DisposedITAT Kolkata10 October 2018AY 2008-096 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that if employees' PF and ESI contributions are paid before the due date of filing the return of income, no disallowance can be made under Section 43B. The amendments to Section 43B were held to be retrospective.

What were the facts?

The Assessing Officer made an addition of Rs. 2,50,702/- under Section 43B for delayed deposit of employees' PF and ESI contributions. The CIT(A) dismissed the assessee's appeal due to a delay in filing, without adjudicating on merits.

What were the issues?

Whether disallowance under Section 43B is permissible for delayed deposit of employees' PF and ESI contributions when paid before the due date of filing the return of income. Whether the CIT(A) erred in dismissing the appeal on delay without considering the merits.

Which sections of the Income-tax Act were involved?

Section 43B,Section 139(1)

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, “D”, BENCH KOLKATA

Before: SHRI A.T.VARKEY, JM & DR. A.L.SAINI, AM

For Appellant: Shri A.K.Tibrewal, FCA & Shri Amit Agarwal, Advocate
Hearing: 19/07/2018Pronounced: 10/10/2018

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant- Vektra Engineering Pvt. Ltd. 1. ��यथ� / The Respondent.- A.C.I.T., Central Circle-2(4), 2. Kolkata आयकर आयु�त(अपील) / The CIT(A)-2, Kolkata. 3. आयकर आयु�त / CIT-2, Kolkata. 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता 5. / DR, ITAT, Kolkata गाड� फाईल / Guard file. 6.

//True Copy// By Order

Senior Private Secretary, Head of Office/D.D.O, I.T.A.T, Kolkata Benches, Kolkata.

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