DCIT, BANGALORE vs. M/S ADECCO INDIA PVT. LTD., BANGALORE

ITA 526/BANG/2015Status: DisposedITAT Bangalore30 July 2015AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the deduction for employees' contributions to PF and ESI, even if deposited after the statutory due date but before the due date for filing the return of income, is allowable under Section 43B of the Act. This decision followed the jurisdictional High Court's ruling.

What were the facts?

The assessee remitted employees' contributions to PF and ESI after the due dates specified under the respective Acts. The Assessing Officer disallowed these amounts, treating them as income. The CIT(A) allowed the deduction by following a High Court decision.

What were the issues?

Whether employees' contributions to PF and ESI, deposited after the due date under the respective Acts but before the due date of filing the return of income, are eligible for deduction under Section 43B.

Which sections of the Income-tax Act were involved?

Section 2(24)(x),Section 36(1)(va),Section 43B,Section 139(1)

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Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SMT. P. MADHAVI DEVI & SHRI JASON P BOAZ

For Appellant: Dr. P.K.Srihari, Addl.CIT(DR)
For Respondent: Shri Susan Mathew, CA
Hearing: 28/07/2015Pronounced: 30/07/2015

Per Smt. P. MADHAVI DEVI, JM: In this appeal, the Revenue is aggrieved by the order of the order of the CIT(A)–I, Bangalore, dated 28/01/2015 in allowing the claim of the assessee u/s 36(1)(va) of the Income-tax Act, 1961 [‘Act'] by following the decision of the juri ictional High Court in the case of Essae Teraoka Pvt. Ltd., without appreciating the fact that the assessee has not remitted the employees’ M/s.Adecco India Pvt. Ltd. contribution towards Provident Fund and ESI within the due date specified under the Act and as such, these sums are income in the hands of the assessee in terms of section 2(24)(x

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