INDOCARE INFRASTRUCTURE PRIVATE LIMITED ,DELHI vs. WARD 12(1) , DELHI, DELHI
What did the Tribunal hold?
The Tribunal rejected the assessee's ground that the disallowance of ESI/PF contributions could not be made under Section 143(1)(a) of the Act. The Tribunal relied on earlier judgments which held against the assessee on this issue.
What were the facts?
The assessee's appeal for AY 2018-19 arose against the order of CIT(A) upholding the disallowance of ESI/PF contributions for failure to deposit them by the due date. The assessee's appeal was proceeded ex parte as none appeared on their behalf.
What were the issues?
Whether disallowance of ESI/PF contributions for delayed deposit can be made under Section 143(1)(a) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 143(1),Section 36(1)(va),Section 139(1),Section 143(1)(a)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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.
- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
- Woodland (Aero Club) Private Limited v. ACIT7 citing178 Taxmann.com 207 · 2025 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal for assessment year 2018-19 arises against Commissioner of Income Tax (Appeals), Patna’s order dated 04.06.2024 (DIN & Order No. ITBA/APL/S/250/2024-25/1065382004(1) in proceedings u/s 143(1) of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex parte.
The Revenue vehemently argues during the course of hearing that both the learned lower authorities have rightly invoked section 36(1)(va) isallowance to make addition of Rs. 14,76,834/- on account of assessee’s failure in not having deposited the ESI/PFin the prescribed period on or before the “due” date in the
It is in this factual background that the tribunal hereby rejects assessee’s above sole substantive ground that the impugned disallowance of ESI/PF contribution could not have been made in processing u/s 143(1)(a) of the Act in light of Woodland (Aero Club ) Pvt. Ltd. v. ACIT (2025) 178 taxmann.com 207 (Del.) & Checkmate Services (P) Ltd. v. CIT (2022) 143 taxmann.com 178 (Del.) that the instant issue is no mere res-integra since decided against the assessee and in department’s favour. This tribunal, therefore, sees no merit in the assessee’s instant sole substantive ground which is hereby rejected in very terms.
This asessee’s appeal is dismissed. Order pronounced in open court on 22.09.2025.
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 →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026