ITAT Visakhapatnam Judgments — February 2022

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and a certificate was issued. The Revenue requested to dismiss the appeals as withdrawn, to which the assessee had no objection.

The Tribunal held that as per the CBDT circulars, appeals with a tax effect below a certain limit are not maintainable. The revenue did not raise any objection to this submission.

The Tribunal held that employee contributions to PF/ESI are deductible if paid on or before the due date of filing the income tax return, following established judicial precedents. It found no distinction between employer and employee contributions in this regard.

The Tribunal held that the delay of 234 days was not intentional or deliberate but due to circumstances beyond the assessee's control. Consequently, the delay was condoned, and the matter was remitted back to the CIT(A) for adjudication on merits.

The Tribunal held that the period of limitation should exclude the period from 15.03.2020 to 14.03.2021, following the Supreme Court's directions. It also held that the addition for employee's PF and ESI contributions was unsustainable as the payments were made before the due date for filing the return of income.

The Tribunal held that adjustments for debatable issues are not permissible under Section 143(1) of the Income Tax Act. It also reiterated that employees' contribution to PF and ESI is an allowable deduction if paid before the due date of filing the return of income.

The Tribunal held that if the employees' contributions to PF and ESI are paid before the due date of filing the return of income under Section 139(1), deduction is allowable. The Tribunal followed various High Court and ITAT decisions supporting this view.

The Tribunal noted that Form No.3 was issued and the assessee requested to withdraw the appeal. Therefore, the appeal was dismissed as withdrawn, with a rider to recall the order if the certificate is withdrawn in the future.

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and a certificate was issued. The Revenue requested to dismiss the appeals as withdrawn, to which the assessee had no objection.

The Tribunal held that adjustments for debatable issues are not permissible under Section 143(1) of the Income Tax Act. It also reiterated that employees' contribution to PF and ESI is an allowable deduction if paid before the due date of filing the return of income.

The Tribunal held that the period of limitation should exclude the period from 15.03.2020 to 14.03.2021, following the Supreme Court's directions. It also held that the addition for employee's PF and ESI contributions was unsustainable as the payments were made before the due date for filing the return of income.