PADMANABHAN KRISHNAKUMAR,ERNAKULAM vs. THE ITO, KOCHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the employees' contribution to PF and ESI, if not deposited within the due date under the respective Acts, is not an allowable deduction under Section 36(1)(va) of the Income Tax Act. This decision followed the jurisdictional High Court's ruling.
What were the facts?
The assessee claimed deduction for employees' contribution to PF and ESI, which was deposited after the due date prescribed under the respective Acts but before the due date for filing the return of income. The Assessing Officer disallowed this deduction.
What were the issues?
Whether delayed deposit of employees' contribution to PF and ESI, made before the due date of filing the return of income, is an allowable deduction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- (i) CIT v. Merchem Ltd.631 citing378 ITR 443 · 2015 · HC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri George George K, JM & Shri Laxmi Prasad Sahu, AM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R Per George George K, JM : These appeals at the instance of the assessee are directed against two separate orders of the CIT(A), both dated 22.11.2021. The relevant assessment years are 2018-2019 and 2019-2020. Common issue is raised in these appeals, hence, they were heard together and are being disposed of by this consolidated order.
The solitary issue raised is whether the CIT(A) is justified in confirming the disallowance of employees’ contribution to PF and ESI u/s 36(1)(va) of the I.T.Act.
The brief facts of the case are as follows: For the assessment years 2018-2019 and 2019-2020, the employees’ contribution to PF and ESI was disallowed u/s -17/Coch/2022. Sri.Padmanabhan Krishnakumar. 36(1)(va) of the I.T.Act for not making payments within the due date prescribed under the relevant Acts (for assessment year 2018-2019 disallowance of Rs.5,09,090 and for assessment year 2019-2020 disallowance of Rs.4,77,420).
Aggrieved, the assessee preferred appeals before the first appellate authority. The CIT(A) dismissed the appeals of the assessee by relying on the judgment of the Hon’ble jurisdictional High Court in the case of CIT v. Merchem Limited reported in (2019) 378 ITR 443 (Ker.)].
Aggrieved, the assessee has filed the present appeals before the Tribunal. The assessee has filed an adjournment application stating that he is indispose, however, the learned AR representing the assessee Sri.Anil K Nayar was present. Therefore, the adjournment application was rejected and the matter was heard on merits. The learned AR relied on the ground raised.
The learned Departmental Representative submitted that the issue in question is squarely covered by the judgment of the Hon’ble jurisdictional High Court in the case of CIT v. Merchem Limited (supra).
We have heard rival submissions and perused the material on record. The assessee is claiming deduction of delayed remittance of employees’ contribution to PF and ESI, stating that the same has been deposited before the due date of filing return u/s 139(1) of the I.T.Act. However, the Hon’ble -17/Coch/2022. Sri.Padmanabhan Krishnakumar. jurisdictional High Court in the case of CIT v. Merchem Limited (supra) had clearly held that employees’ share of PF and ESI, which was not deposited within the due date under the respective Acts, is not an allowable deduction u/s 36(1)(va) of the I.T.Act. The relevant finding of the Hon’ble High Court has been elaborately extracted at pages 8 and 9 of the impugned order of the CIT(A), hence, the same is not reproduced below. Therefore, following the judgment of the Hon’ble jurisdictional High Court in the case of CIT v. Merchem Limited (supra), we hold that since the employees’ contribution to PF and ESI was not deposited within the due date specified in the relevant Acts, the same cannot be allowed as a deduction u/s 36(1)(va) of the I.T.Act. It is ordered accordingly.
In the result, the appeals filed by the assessee are dismissed.
Order pronounced on this 30th day of June, 2022.
More judgments on Section 36(1)(va)
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- R K Swamy Limited, Chennai vs DCIT Non Corporate Circle 10(1), ChennaiITA 504/CHNY/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- M/S. R.K. Swamy Ltd., Chennai vs DCIT, Ncc-10(1), ChennaiITA 2822/CHNY/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 838/IND/2025[2022-2023]Status: Disposed12 Oct 2026AY 2022-2023
Recent GST High Court judgments
Search GST case law →- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Ritik vs. State Of M.P.Madhya Pradesh · 16 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026
- U Days Garments vs. The Adjudication OfficerMadras · 16 Oct 2026