M/S G.G AGRICULTURAL INDUSTRIES,BARNALA vs. DCIT-CC, PATIALA
What did the Tribunal hold?
The Tribunal held that the CIT(A) rightly exercised power under Section 154 to rectify the earlier order, as the Supreme Court's decision in Checkmate Services P. Ltd. established a clear legal position. The disallowance of the employee's contribution due to late deposit was considered a mistake apparent from the record.
What were the facts?
The assessee's appeal concerns the disallowance of employee's share of ESI/PF/LWF amounting to Rs. 63,790/-. This disallowance was made via a rectification order under Section 154, following a Supreme Court judgment that clarified such deductions are only allowed if deposited by the due date.
What were the issues?
Whether a subsequent Supreme Court judgment can be used to rectify a prior order under Section 154 for disallowing employee's ESI/PF/LWF contributions due to late deposit. Whether the CIT(A) provided adequate opportunity for hearing before passing the rectification order.
Which sections of the Income-tax Act were involved?
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.
- CIT v. Aruna Luthra87 citing252 ITR 76 · 2001 · HC
- Rastriya Ispat Nigam Ltd. v. ACIT4 citing93 ITD 77 · 2005 · ITAT
Income Tax Appellate Tribunal, CHANDIGARH
Before: SHRI VIKRAM SINGH YADAV & SHRI PARESH M. JOSHI,
In result, the impugned order is upheld.
Appeal of the assessee is dismissed Order pronounced on 30.10.2024.
Sd/- Sd/-
(VIKRAM SINGH YADAV) ( PARESH M. JOSHI) ACCOUNTANT MEMBER JUDICIAL MEMBER “Poonam”
ITA 786/CHD/2023 A.Y. 2018-19 8
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- Shalini Vishwakarma vs. Icici BankMadhya Pradesh · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026