GANESH CHANDRA AGARWAL,FIROZABAD vs. ITO.,WARD 2(2)(1), FIROZABAD

ITA 57/AGR/2021Status: DisposedITAT Agra21 March 2022AY 2019-2051 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that no disallowance is warranted for belated payment of employee's contribution to ESI and EPF funds if deposited before the due date of filing the Income Tax Return. The AO was not justified in denying the deduction.

What were the facts?

The appeals concern the deductibility of delayed payments of employee contributions to provident fund (PF) and Employees' State Insurance (ESI) funds. The Assessing Officer (AO) disallowed these deductions due to late deposit, even though the contributions were made before the due date for filing the income tax return.

What were the issues?

Whether delayed deposit of employee's contribution to PF/ESI funds, made before the due date of filing the income tax return, is eligible for deduction under the Income Tax Act.

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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Cases cited in this judgment(21)Show list

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And In the Income-Tax Appellate Tribunal, Agra Bench, Agra

Before : Shri Anil Chaturvedi, Accountant Member And Sh. Laliet Kumar, Judicial Member Assessment year: 2018-19 M/s. Krishna Kanha Shelters Pvt. Ltd. vs. ACIT Circle – 2(1)(2) Pushpanjali Palace Delhi Gate Sanjay Place, Agra U.P. Agra U.P. PAN: AACCK7160L (Appellant) (Respondent) Assessment year: 2008-09 M/s BanmoreElecticals Pvt Ltd vs. DCIT Behind Park Hotel, Moti Mahal, Road City Centre Gwalior M.P. Gwalior M.P. PAN: AABCB4242M (Respondent) (Appellant)

ITA No. 56 & 57/Agr/2021 Assessment year: 2018-19 & 2019-20 Sh. Ganesh Chand Agarwal vs. ITO Ward-2(2)(1) A-2, Ganesh Nagar Firozabad U.P. Firozabad U.P. 283203 PAN: AAKPA0572F (Appellant) (Respondent) Assessment year: 2018-19 M/s. Glass Industries vs. DCIT Circle - 2(1)(1) Mainpuri Gate, New Rusulpur Agra U.P. Firozabad U.P. PAN: AAZFS7907H (Appellant) (Respondent)

Assessment year: 2018-19 M/s. Advance Glass Works vs. DCIT Circle -2(1)(1) Station Road Agra, U.P. Firozabad U.P. PAN: AACFA4260C (Appellant) (Respondent) Assessment year: 2018-19 New Decent Footwear Industries vs. J.O. Circle-1(1)(1) 14

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