BINA METAL WAY PVT. LTD.,KOLKATA vs. DCIT, CIR. 1(1), KOLKATA
What did the Tribunal hold?
The Tribunal held that the disallowance on account of non-payment of employee PF & ESI contributions should be set off against the determined loss. The issue of TDS credit was relegated to the Assessing Officer for verification and grant.
What were the facts?
The assessee declared a loss of Rs. 2,61,12,312/-. The Assessing Officer determined the total income at a loss of Rs. 2,50,54,350/- and made a disallowance of Rs. 2,20,570/- for non-deposit of PF & ESI contributions, while not granting TDS credit.
What were the issues?
Whether disallowance for non-deposit of employee PF/ESI contributions can be set off against the assessed loss, and whether the assessee is entitled to TDS credit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B (SMC
Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Girish Agrawal
Per Rajpal Yadav, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 16.11.2023 passed for A.Y. 2012-13.
(A.Y. 2012-2013) Bina Metal way Pvt. Ltd.
The assessee has taken four grounds of appeal, but in brief, it has two grievances, namely- (a) The ld. CIT(Appeals) has erred in not setting off the disallowance made on account of non- deposit of PF & ESI employees’ contributions well in time against the loss determined by the ld. Assessing Officer.
(b) The ld. CIT(Appeals) has erred in not deciding the issue whether the assessee is entitled for TDS Credit or not.
Brief facts of the case are that the assessee has filed its return of income on 30.09.2012 declaring a loss of Rs.2,61,12,312/-. The case of the assessee was selected for scrutiny assessment and notices under section 143(2) and 142(1) were issued and served upon the assessee. The ld. Assessing Officer has passed an assessment order on 29.03.2015. The ld. Assessing Officer has determined the total income of the assessee at (-)Rs.2,50,54,350/- and book profit at Rs.1,04,873/-.
Ld. Counsel for the assessee has appraised us that since TDS credit at Rs.15,44,739/- was not granted to the assessee, the assessee has applied under section 154 of the Income Tax Act. The ld. Assessing Officer though not considered the prayer of the assessee but made a disallowance out of PF & ESI contributions of employees’. In this way, ld. Assessing Officer has (A.Y. 2012-2013) Bina Metal way Pvt. Ltd. disallowed Rs.2,20,570/- and did not grant TDS credit to the assessee.
Appeal to the ld. CIT(Appeals) did not bring any relief to the assessee.
On due consideration of the facts and circumstances of the case, we are of the view that any disallowance made on account of non-payment of employees’ contributions in the P.F. & ESI accounts within the due date provided under those Acts would be set off against the ultimate disallowance determined by the ld. Assessing Officer. In other words, the loss of Rs.2,50,54,350/- is to be reduced by an amount of Rs.2,20,570/-. The balance will be computed and would be carried forward.
As far as the second issue is concerned, the grievance of the assessee for grant of TDS credit has not decided by the ld. CIT(Appeals). On due consideration of the facts and circumstances of the case, we relegate this issue to the file of ld. Assessing Officer for verification and grant of TDS credit.
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