Bombay in CIT v. Ghatge Patil Transports Ltd.

53 Taxmann.com 141High Court2015#615 most cited

What is Bombay in CIT v. Ghatge Patil Transports Ltd. authority for?

The Bombay High Court holds that employees' contributions to provident fund and ESIC, though paid beyond the due dates specified in the respective welfare legislations, are allowable as a deduction under section 36(1)(va) if they are paid before the due date for furnishing the return of income under section 139(1) of the Income-tax Act.

160

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Ghatge Patil Transports Ltd. · 53 Taxmann.com 141 · Section 36(1)(va) · employees contribution to PF and ESIC · late payment of provident fund · deduction of employees contribution · due date for filing return of income · Section 139(1) · Section 2(24)(x) · Section 43B · allowability of deduction · Bombay High Court

Issues it is cited on

Judgments citing Bombay in CIT v. Ghatge Patil Transports Ltd.

Principle Security and Allied Services Private Limited, Mumbai vs. Circle 13(1)(2), Mumbai

In the result, the appeal of the assesse is allowed for statistical purpose

ITA 280/MUM/2023[2018-19]Status: DisposedITAT Mumbai21 Apr 2023AY 2018-19

Bench: Shri Vikas Awasthy & Shri Amarjit Singhprinciple Security & Vs. Circle 13(1)(2) Allied Services Private Aayakar Bhavan, Ground Limited, 707 Hubtown Floor, M.K. Road, Viva Shankar Wadi, New Marine Lines Western Express Mumbai – 400 020 Highway, Jogeshwari (East) Mumbai – 400060 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aafcp2691A Appellant .. Respondent Appellant By : Rahul K. Hakani Respondent By : V.S. Mahajan Date Of Hearing 18.04.2023 Date Of Pronouncement 21.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 29.12.2022 For A.Y. 2018-19. The Assesse Has Raised The Following Grounds Before Us: “1. The Ld. Cit(A) Erred In Not Appreciating The Fact That The Intimation Issued By The Id Ao Cpc Bangalore W'S 143(1) Of The Income Tax Act, 1961 Is Erroneous / Without Jurisdiction Since Additions On Issues Where Two Views Are Possible Cannot Be Made. 2. The Ld. Cit(A) Erred In Confirming Addition Of Rs.1,59,10,546/- U/S 36(1)(Va) Of The Act Without Appreciating The Fact That The Employees Contribution To Pf & Esic Was Deposited Before The Due Date Of Filing Of Return. 3. The Appellant Prays That The Adjustment Made In The Intimation Order U/S143(1) Of The Act May Be Deleted.

For Appellant: Rahul K. HakaniFor Respondent: V.S. Mahajan
Section 143(1)Section 36(1)(va)

…P a g e | 1 Principle Security and Allied Services Pvt. Ltd. Vs. Circle 13(1)(2) IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Principle Security and Vs. Circle 13(1)(2) Allied Services Private Aayakar Bhavan, Ground Limited, 707 Hubtown Floor, M.K. Road, Viva Shankar Wadi, New Marine Lines Western Express Mumbai – 400 020 Highway, Jogeshwari (East) Mumbai – 400060 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAFCP2691A Appellant .. Respondent Appellant by : Rahul K. Hakani Respondent by : V.S. Mahajan Date of Hearing 18.04…

Shriniwas Mishra, Mumbai vs. Dy.CIT CPC, Bangalore

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

ITA 2336/MUM/2021[2018-19`]Status: DisposedITAT Mumbai20 Apr 2023

Bench: Shir Pavan Kumar Gadaleshriniwas Mishra Vs. Dcit, Cpc C/O. Mr. Jp Mishra, Bangalore-560500. 46/12, New A.B Nagar South, Unnao, Uttar Pradesh – 209801 Pan/Gir No. : Agipm2309L Appellant .. Respondent Appellant By : Mr. Nitesh Thakkar.Ar Respondent By : Ms. Jayashree Thakur.Dr Date Of Hearing 24.04.2023 Date Of Pronouncement 25.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 143(1) & 250 Of The Act.

For Appellant: Mr. Nitesh Thakkar.ARFor Respondent: Ms. Jayashree Thakur.DR
Section 139(1)Section 143(1)Section 36(1)(iva)Section 43Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHIR PAVAN KUMAR GADALE, JUDICIAL MEMBER Shriniwas Mishra Vs. DCIT, CPC C/o. Mr. JP Mishra, Bangalore-560500. 46/12, New A.B Nagar South, Unnao, Uttar Pradesh – 209801 PAN/GIR No. : AGIPM2309L Appellant .. Respondent Appellant by : Mr. Nitesh Thakkar.AR Respondent by : Ms. Jayashree Thakur.DR Date of Hearing 24.04.2023 Date of Pronouncement 25.04.2023 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: The appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi/CIT(A) passed U/sec 143(1) and 250 of the Act.…

M/S. Geekay Securities Services Private Limited, Mumbai vs. Dy Commissioner of Income Tax Circle 3(1)(1), Mumbai

In the result, the appeal of the assesse is allowed for statistical purposes

ITA 1842/MUM/2021[2017-18]Status: DisposedITAT Mumbai17 Apr 2023AY 2017-18

Bench: Shri Vikas Awasthy & Shri Amarjit Singhm/S Geekay Securities Vs. Dy. Cit, Circle-3(1)(1) Services Private Limited 6Th Floor, Aaykar Bhavan, G-11, Tulsani Chambers, M.K. Marg, Free Press Journal Marg Mumbai- 400020 Nariman Point, Maharashtra – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccg1282D Appellant .. Respondent Appellant By : Shri Gyaneshwar Kataram Respondent By : Smt. Anne Varghese Date Of Hearing 17.04.2023 Date Of Pronouncement 17.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 08.09.2021 For A.Y. 2017-18. The Assesse Has Raised The Following Grounds Before Us: “1. In The Circumstances & Facts Of Our Case, The Learned Commissioner Of Income Tax (Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of Ld. Dcit, Cpc In Upholding Disallowance Of Rs.1,21,39,702/- U/S 36(1)(Va) Despite The Fact That The Said Amount Of Rs1,21,39,702/- Comprises Of Two Components, An Amount Of Rs.64,43,502/- Which Pertains To Employer'S Contribution To Provident Fund/Lwf & An Amount Of Rs.56,96,200/- Which Pertains To Employee'S Contribution To Provident Fund / Lwf & Not Considering The Conclusive Evidence Submitted In Its Written Submission & Supporting Paper Book 2.. In The Circumstances & Facts Of Our Case, The Learned Commissioner Of Income Tax (Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of Ld Dcit, Cpc In Upholding Disallowance Of Rs. 56,96,200/-

For Appellant: Shri Gyaneshwar KataramFor Respondent: Smt. Anne Varghese
Section 36(1)(va)Section 438Section 43B

…P a g e | 1 M/s Geekay Securities Services Pvt. Ltd. Vs. Dy.CIT, Circle-3(1)(1) THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER M/s Geekay Securities Vs. Dy. CIT, Circle-3(1)(1) Services Private Limited 6th Floor, Aaykar Bhavan, G-11, Tulsani Chambers, M.K. Marg, Free Press Journal Marg Mumbai- 400020 Nariman Point, Maharashtra – 400021 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AACCG1282D Appellant .. Respondent Appellant by : Shri Gyaneshwar Kataram Respondent by : Smt. Anne Varghese Date of Hearing 17.04.2023 Date of Pronoun…

Aegis Limited, Mumbai vs. Deputy Commissioner of Income-Tax Circle 6(1)(1), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 717/MUM/2022[2017-18]Status: DisposedITAT Mumbai06 Jan 2023AY 2017-18

Bench: Shri Kuldip Singh & Shri Gagan Goyalaegis Ltd. Essar House, 11, K. K. Marg, Mahalaxmi, Mumbai –400034 Pan – Aaace8354Q ……………. Appellant Vs. Dy. Commissioner Of Income Tax Circle–6(1)(1), Mumbai ……………. Respondent Assessee By: Shri Rajan R. Vora Revenue By: Dr. Yogesh Kamath Date Of Hearing: 10/10/2022 Date Of Pronouncement: 06/01/2023 Order Per Gagan Goyal, A.M. 1. This Appeal By The Appellant Is Against The Assessment Order Dated 25Th February 2022 Passed By The National Faceless Assessment Centre For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: “General 1. Erred In Determining The Total Taxable Income Of The Appellant For Ay 2017-18 At Inr 40,44,64,087 As Against Returned Income Of Inr 12,36,48,010 As Reported In The Return Of Income Filed By The Appellant. Part I - Transfer Pricing Adjustments

For Appellant: Shri Rajan R. VoraFor Respondent: Dr. Yogesh Kamath
Section 234DSection 244ASection 271ASection 36(1)(va)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER Aegis Ltd. Essar House, 11, K. K. Marg, Mahalaxmi, Mumbai –400034 PAN – AAACE8354Q ……………. Appellant VS. Dy. Commissioner of Income Tax Circle–6(1)(1), Mumbai ……………. Respondent Assessee by: Shri Rajan R. Vora Revenue by: Dr. Yogesh Kamath Date of Hearing: 10/10/2022 Date of Pronouncement: 06/01/2023 ORDER PER GAGAN GOYAL, A.M. 1. This appeal by the Appellant is against the assessment order dated 25th February 2022 passed by the National Faceless Assessment Centre for the…

M/S. Suresh Electricals, Bellary vs. The Deputy Commissioner of Income Tax, CPC, Bengaluru

In the result, appeal of the assessee is dismissed

ITA 724/BANG/2022[2018-19]Status: DisposedITAT Bangalore25 Nov 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 M/S. Suresh Electricals, Vs. Dcit, Ward No.25, Cmc T. S. No.227, Tilak Cpc, Nagar, Khb Colony, Bengaluru. Bellary – 583 101. Pan : Abyfs 9751 M Appellant Respondent Assessee By : Shri. B. S. Balachandran, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 12.07.2022, Relating To Assessment Year 2018-19. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Page 2 Of 14

For Appellant: Shri. B. S. Balachandran, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2018-19 M/s. Suresh Electricals, Vs. DCIT, Ward No.25, CMC T. S. No.227, Tilak CPC, Nagar, KHB Colony, Bengaluru. Bellary – 583 101. PAN : ABYFS 9751 M APPELLANT RESPONDENT Assessee by : Shri. B. S. Balachandran, Advocate Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 23.11.2022 Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee directed against the order of NFAC, Delhi, dated 12.07.2022, relating to Assessment Year 2018-19. 2. The only…

Bhoruka Fabcons Private Limited, Mysuru vs. The Assistant Director of Income Tax, CPC, Bangalore

In the result, appeal of the assessee is dismissed

ITA 910/BANG/2022[2020-21]Status: DisposedITAT Bangalore24 Nov 2022AY 2020-21

Bench: Shri N. V. Vasudevanassessment Year : 2020-21 M/S. Bhoruka Fabcons Pvt. Ltd., Vs. The Assistant Director Of Income Tax, No.427E, Hebbal Industrial Area, Cpc, Mysuru – 570 016. Bengaluru. Pan : Aaccb 9377 N Appellant Respondent Assessee By : Shri. Bhargava S. N, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 28.07.2022, Relating To Assessment Year 2020-21. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Calculated In The Prescribed Manner Under The Relevant Act. As Per Page 2 Of 13

For Appellant: Shri. Bhargava S. N, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2020-21 M/s. Bhoruka Fabcons Pvt. Ltd., Vs. The Assistant Director of Income Tax, No.427E, Hebbal Industrial Area, CPC, Mysuru – 570 016. Bengaluru. PAN : AACCB 9377 N APPELLANT RESPONDENT Assessee by : Shri. Bhargava S. N, CA Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 23.11.2022 Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee directed against the order of NFAC, Delhi, dated 28.07.2022, relating to Assessment Year 2020-21. 2. The…

Chase Security, Bangalore vs. Income Tax Officer, Ward-6(3)(1), Bangalore

In the result, appeal of the assessee is dismissed

ITA 796/BANG/2022[2018-19]Status: DisposedITAT Bangalore23 Nov 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 M/S. Chase Security, Vs. The Ito, No.16/A, 1St Floor, Millar Tank Bund Ward – 6(3)(1), Cpc, Road, Vasanth Nagar, Bengaluru. Bengaluru – 560 052. Pan : Aaefc 2412 L Appellant Respondent Assessee By : Smt. Sheethal Borkar, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Dated 29.04.2021 By The Nfac, Delhi Relating To Assessment Year 2018-19. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Page 2 Of 14

For Appellant: Smt. Sheethal Borkar, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2018-19 M/s. Chase Security, Vs. The ITO, No.16/A, 1st Floor, Millar Tank Bund Ward – 6(3)(1), CPC, Road, Vasanth Nagar, Bengaluru. Bengaluru – 560 052. PAN : AAEFC 2412 L APPELLANT RESPONDENT Assessee by : Smt. Sheethal Borkar, Advocate Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 21.11.2022 Date of Pronouncement : 23.11.2022 O R D E R This is an appeal by the assessee directed against the order dated 29.04.2021 by the NFAC, Delhi relating to Assessment Year 201…