ITAT Ranchi Judgments — June 2023

The Tribunal held that the addition was uncalled for as the amount represented assets declared under the VDIS scheme, and its inclusion in books since 1997 was irrelevant. The issue of interest under sections 234B and 234C was restored to the AO for re-computation.

The Tribunal followed the Supreme Court's decision in Chekmate Services Pvt. Ltd. vs. CIT, which held that deduction under Section 36(1)(va) for delayed deposit of employees' contribution to PF is not allowable even if deposited before the due date of filing the return.

The Tribunal held that deduction under Section 36(1)(va) for delayed deposit of employees' contribution to PF/ESI is not allowable, even if deposited before the due date of filing the return. This is based on the Supreme Court's ruling in Chekmate Services Pvt. Ltd. vs. CIT.

The tribunal dismissed grounds related to delayed EPF/ESI payments, following a Supreme Court ruling. However, it held that the addition for late GST filing fees could not be made summarily in an intimation under Section 143(1).

The Tribunal held that the revisionary jurisdiction exercised by the Principal CIT was barred by limitation. The limitation period for revision runs from the date of the original assessment order, not the reassessment order, if the issue was not part of the reassessment.

The Tribunal held that deduction under Section 36(1)(va) for delayed deposit of employees' contribution to PF/ESI cannot be claimed even if deposited before the due date of filing the return. This is based on the Supreme Court's decision in Chekmate Services Pvt. Ltd. vs. CIT.

The Tribunal held that the reassessment proceedings were bad in law because the assessment order did not address the issue for which the reassessment was initiated. Since the foundation of the reopening was invalid, the subsequent assessment order could not survive.