SALKARA RESTAURANT,CALICUT vs. THE ITO, KOZHIKKODE

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ITA 79/COCH/2022Status: DisposedITAT Cochin30 October 2024AY 2019-20Bench: Shri Inturi Rama Rao (Accountant Member)3 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It held that the adjustment made by the AO for belated remittance of employee PF & ESI contributions was valid, citing Supreme Court and Kerala High Court judgments.

What were the facts?

The assessee, Salkara Restaurant, filed an appeal before the ITAT which was time-barred by 532 days. The delay was attributed to the COVID-19 pandemic affecting accounting staff. The AO had made an adjustment for belated remittance of employee PF & ESI contributions.

What were the issues?

Whether the delay in filing the appeal should be condoned and if the adjustment for belated remittance of employee PF & ESI contributions is valid.

Which sections of the Income-tax Act were involved?

Section 143(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, COCHIN BENCH, COCHIN

Before: Shri Inturi Rama Rao

For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 28.10.2024Pronounced: 30.10.2024

This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 28.08.2021 for Assessment Year (AY) 2019-20.

2.

At the outset, I find the appeal is time barred by limitation by 532 days before the Tribunal. The counsel representing the assessee filed a petition praying for condonation of delay on the ground that they could not submit hard copies of From 36 due to the absence of accounting staff due to Covid Pandemic. The assessee prayed to condone the delay of 532 days.

Salkara Restaurant 3. Having gone through the averments made in the condonation petition filed by the assessee and in the absence of any contrary material to disbelieve the contention put forth by the assessee, I am of the considered opinion that it is a fit case to condone the delay of 532 days in filing the appeal and proceed for adjudication of the appeal on merits.

4.

Brief facts of the case are that the assessee is a partnership firm engaged in the business of running a restaurant. The assessee had filed return of income for AY 2019-20 on 20.03.2020 declaring income of Rs. 4,93,602/-. The said return was processed u/s. 143(1) of the Income Tax Act, 1961 (the Act) vide intimation dated 02.07.2020 after making adjustments for belated remittance of contribution to employees’ PF & ESI of Rs. 1,40,496/-.

5.

Being aggrieved an appeal was filed before the CIT(A) who vide the impugned order confirmed the action of the AO.

6.

Being aggrieved the assessee is in appeal before the Tribunal in the present appeal. When the appeal was called nobody attended despite due service of notice of hearing. Therefore after hearing the learned Sr. DR I proceeded to dispose off the appeal as under.

7.

The issue in the appeal stands covered by the decision of the Hon'ble Supreme Court in the case of Checkmate Services Pvt. Ltd. v. Pr. CIT(in Civil Appeal No.2833 of 2016) as well as the judgements of Hon'ble Jurisdictional High Court in the case Inditrade Capital Ltd. v. CIT [2024] 167 taxmann.com 82 (Ker) and CIT v. Mechem Ltd. [2015] 378 ITR 443 (Ker). Therefore we do not find any illegality in making adjustment of belated remittance of contribution to employees’ towards PF & ESI.

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