ITO, WARD-5, ROHTAK vs. RAJBIR L/H SHRI RAJESH, ROHTAK
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that employee contributions to PF/ESI paid after the due date prescribed by the relevant Act must be added back to the assessee's income. This decision followed the Supreme Court's ruling in Checkmate Services Pvt. Ltd.
What were the facts?
The Revenue appealed the CIT(A)'s deletion of an addition made on account of late deposit of employee's contribution to PF/ESI. The assessee had paid these contributions after the due date specified in the respective Acts but before the due date for filing the return of income.
What were the issues?
Whether employee's contribution to PF/ESI, paid after the statutory due date but before the return filing due date, is deductible. Whether such contributions are governed by Section 43B or Section 36(1)(va) read with Section 2(24)(x).
Which sections of the Income-tax Act were involved?
Section 36(1)(va),Section 2(24)(x),Section 43B,Section 139(1)
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.
- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH, ‘F’: NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI CHALLA NAGENDRA PRASAD
ORDER PER SHAMIM YAHYA, AM,
This appeal by the Revenue is directed against the order of the Ld.
National Faceless Appeal Centre (NFAC), Delhi, dated 25.08.2022 pertaining to Assessment Year 2017-18.
The grounds of appeal reads as under:-
“1. Whether on the facts & in the circumstances of the case and in law, the ld. CIT(A) was correct in deleting addition of Rs.1,71,70,670/- on account of late deposit of employee’s contribution to PF/ESI beyond the prescribed time limit provided in the respective Acts in view of the judgment of Hon’ble Supreme Court in Civil Appeal No.2833 of 2016 in the case of Checkmate Services P. Ltd. vs Commissioner of Income Tax-1 dated 12.10.2022?
2. Whether on the facts & in the circumstances of the case and in law, the ld. CIT(A) was correct in holding that employees contribution to PF are governed by the provisions of Section 43B and not by Section 36(1)(va) r.w.s. 2(24(x) of the Income Tax Act, 1961?”
The short issue in this case is that as to whether the Ld. CIT(A)
erred in deleting the addition of Rs.1,71,70,670/- made by the AO u/s 143(1) of the Act on account of PF & ESI contribution paid by the employees paid beyond the time specified in the respective statute but before the due date of filing of return of income u/s 139(1) of the Act.
We find that the issue on merits is covered against the assessee by the decision of the Hon’ble Apex Court in the case of Checkmate Services Pvt. Ltd. (2022) 143 taxmann.com 178 wherein it has been held that if employee contribution of provident fund and ESI paid beyond the due date as prescribed under the relevant Act then the same has to be added back in the income of the assessee. Respectfully following the precedent, we set-aside the order of the Ld. CIT(A) and confirmed the order of the AO.
In the result, the appeal of the Revenue stands allowed.
Order pronounced in the open court on 27th April, 2023.
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 →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026