Adyar Anand Bhawan Sweets India Pvt. Ltd. v. ACIT

134 Taxmann.com 56Reported decision2022#431 most cited

What is Adyar Anand Bhawan Sweets India Pvt. Ltd. v. ACIT authority for?

The employees' contribution to provident fund (PF) and Employee State Insurance (ESI), if remitted before the due date for filing the income tax return, is an allowable deduction under section 36(1)(va), especially when considering the prospective amendment introduced by the Finance Act, 2021.

208

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2021 to 2023.

Also referred to as

Adyar Anand Bhawan Sweets India Pvt. Ltd. · section 36(1)(va) · employees contribution to PF ESI · delayed deposit disallowance · remittance by ITR due date · allowable deduction · Finance Act 2021 amendment · prospective amendment · section 43B

Issues it is cited on

Judgments citing Adyar Anand Bhawan Sweets India Pvt. Ltd. v. ACIT

M/S . GUPTA & COMPANY ,CHENNAI vs. ADIT , CPC , BANGALORE

In the result, both the appeals filed by the assessee are dismissed

ITA 823/CHNY/2022[2019-2020]Status: DisposedITAT Chennai08 Feb 2023AY 2019-2020

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.822 & 823/Chny/2022 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-20 M/S. Gupta & Company, Vs. The Assistant Director Of No. 26 & 27, Morrison First Street, Income Tax, Alandur, Chennai 600 016 Cpc, Bengaluru. Arcot Road, Kodambakkam, Chennai 600 024. [Pan:Aaafg0361L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Tarun, Advocate For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2023 घोषणा की तारीख /Date Of Pronouncement : 08.02.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Both Dated 05.09.2022 Relevant To The Assessment Years 2018-19 & 2019-20. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018-19 On 08.11.2019 Declaring Total

For Appellant: Shri Tarun, Advocate for Shri S. Sridhar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 154Section 2(24)(x)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

…d the payment of PF/ESI contribution within the due date of filing of return and also submitted that the provisions of section 36(1)(va) of the Act had no application to the facts of the case. He also relied on the decision of the ITAT in the case reported in 134 Taxmann.com 56 as well as Delhi High Court judgement reported in ITA 227/2022. 4. On the other hand, the ld. DR dutifully supported the orders of authorities below and also relied upon the decision of the Hon’ble 3 I.T.A. Nos.822 & 823/Chny/22 Supreme Court in the case of in the case of M/s. Checkmate Services P. Ltd. v. CIT in Civil Appeal No.2883 of…

M/S . GUPTA & COMPANY ,CHENNAI vs. ADIT , CPC , BANGALORE

In the result, both the appeals filed by the assessee are dismissed

ITA 822/CHNY/2022[2018-2019]Status: DisposedITAT Chennai08 Feb 2023AY 2018-2019

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.822 & 823/Chny/2022 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-20 M/S. Gupta & Company, Vs. The Assistant Director Of No. 26 & 27, Morrison First Street, Income Tax, Alandur, Chennai 600 016 Cpc, Bengaluru. Arcot Road, Kodambakkam, Chennai 600 024. [Pan:Aaafg0361L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Tarun, Advocate For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2023 घोषणा की तारीख /Date Of Pronouncement : 08.02.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Both Dated 05.09.2022 Relevant To The Assessment Years 2018-19 & 2019-20. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018-19 On 08.11.2019 Declaring Total

For Appellant: Shri Tarun, Advocate for Shri S. Sridhar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 154Section 2(24)(x)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

…d the payment of PF/ESI contribution within the due date of filing of return and also submitted that the provisions of section 36(1)(va) of the Act had no application to the facts of the case. He also relied on the decision of the ITAT in the case reported in 134 Taxmann.com 56 as well as Delhi High Court judgement reported in ITA 227/2022. 4. On the other hand, the ld. DR dutifully supported the orders of authorities below and also relied upon the decision of the Hon’ble 3 I.T.A. Nos.822 & 823/Chny/22 Supreme Court in the case of in the case of M/s. Checkmate Services P. Ltd. v. CIT in Civil Appeal No.2883 of…

M/S BAB LEATHER PRODUCTS INTERNATIONAL ,THIRUMUDIVAKKAM vs. DCIT , CHENAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 665/CHNY/2022[2015-2016]Status: DisposedITAT Chennai26 Sept 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.665/Chny/2022 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Bab Leather Products The Deputy Commissioner Of International, 162/163, Sidco Vs. Income Tax, Industrial Estate, Thirumudivakkam, Non Corporate Circle 4(1), Chennai 600 044. Chennai. [Pan:Aaafb6228M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate ""थ" की ओर से/Respondent By : Shri K.N. Dhandapani, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 28.07.2022 Relevant To The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2015-16 On 23.09.2015 Declaring The Total Income At ₹.54,09,150/-. The Case Was Selected For Scrutiny & 2

For Appellant: Shri G. Tarun, AdvocateFor Respondent: Shri K.N. Dhandapani, Addl. CIT
Section 139(1)Section 143(3)Section 144BSection 147Section 148Section 43B

…ESI before the due date of filing of return and also submitted that the issue is squarely covered in favour of the assessee in view of various decisions of various Courts. It was also submitted that the Jurisdictional Bench of the ITAT in the case reported in 134 Taxmann.com 56 after considering the prospective amendment in Finance Act, 2021 thereby negating the sustenance of the disallowance in the impugned intimation order. 5. On the other hand, the ld. DR dutifully supported the orders of authorities below. 6. We have heard both the sides, perused the materials available on record and gone through the orders…

OPTECH ENGINEERING PVT. LTD,MUMBAI vs. ADIT , CPC , BANGALORE

In the result, the appeal filed by the assessee is allowed

ITA 2128/MUM/2021[2017-18]Status: DisposedITAT Mumbai25 Jul 2022AY 2017-18

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalassessment Years: 2017-18 M/S. Optech Engineering Pvt. Asst. Director Of Income Tax, Ltd., Cpc, D 151, Amar Gian, Post Bag No.2, Vs. Opp New St Stand, Electronic City Post Office, Khopat, Bangalore – 560 500 Thane- 400 601 Pan: Aaaco7459C (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Dinesh Singh, D.R. Date Of Hearing : 20 . 07 . 2022 Date Of Pronouncement : 25 . 07 . 2022 O R D E R Per Amarjit Singh: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O. U/S 143(1) Of The Income Tax Act, 1961, For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us:

For Appellant: NoneFor Respondent: Shri Dinesh Singh, D.R
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “C”, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER Assessment Years: 2017-18 M/s. Optech Engineering Pvt. Asst. Director of Income Tax, Ltd., CPC, D 151, Amar Gian, Post Bag No.2, Vs. Opp New ST Stand, Electronic City Post Office, Khopat, Bangalore – 560 500 Thane- 400 601 PAN: AAACO7459C (Appellant) (Respondent) Present for: Assessee by : None Revenue by : Shri Dinesh Singh, D.R. Date of Hearing : 20 . 07 . 2022 Date of Pronouncement : 25 . 07 . 2022 O R D E R Per Amarjit Singh, Accountant Member: The present app…

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