Checkmate Services Pvt. Ltd. v. CIT

143 Taxmann.com 178Supreme Court of India2022#28 most cited

What is Checkmate Services Pvt. Ltd. v. CIT authority for?

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

1,392

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2022 to 2026.

Also referred to as

Checkmate Services · Section 36(1)(va) · Section 43B · employees contribution to PF · ESI payment · due date for deposit · Section 143(1) disallowance · delayed payment of PF/ESI · Provident Fund · Employee State Insurance · 448 ITR 518 · 143 Taxmann.com 178

Issues it is cited on

Judgments citing Checkmate Services Pvt. Ltd. v. CIT

Kamal Kumar Batra, West Delhi vs. Addl-JCIT-(A)-1, Pune

Accordingly, the application is allowed and the appeal is admitted for hearing

ITA 3854/DEL/2024[2021-20222]Status: DisposedITAT Delhi09 May 2025

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2021-22 Kamal Kumar Batra, Vs Addl. Jcit(A)-1, 2/103, Subhash Nagar, Pune. New Delhi – 110 027. Pan: Afbpb1050M (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 05.05.2025 Date Of Pronouncement : 09.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 12.10.2023 Of The Commissioner Of Income-Tax (Appeals), Pune-1, Pune (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Nfac/2020-21/10214590 Arising Out Of The Appeal Before It Against The Order Passed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Adit, Cpc, Bangalore (Hereinafter Referred To As The Ld. Ao). 2. At The Time Of Hearing, The Ld. Ar Has Pointed Out That There Is A Delay In Filing The Appeal Due To Some Mistake Of Staff Though The Fee Of Rs. 10000/- Was Paid In Due Time. We Find That The Delay Though Of 263 Days Is Well Explained. Accordingly, The Application Is Allowed & The Appeal Is Admitted For Hearing.

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 143(1)

…er, the ld. AR has pointed out that the assessee was not served notice of hearing due to which the assessee was unable to file submissions and evidences showing that the judgement of the Hon’ble Supreme Court in the case of Checkmate Services P. Ltd. vs. CIT, 143 Taxmann.com 178 is not applicable as the amounts deducted were not on account of ESI and EPF. 4. In any case, since the assessee was not served the notices in due course of events, we allow the appeal for statistical purposes and restore the issues on merits and law, if any, raised by the assessee to the files of ld. CIT(A) to issue a fresh notice and d…

Emson Gears Ltd., Ludhiana vs. DCIT, Circle 1, Ludhiana

In the result, the appeal stand dismissed

ITA 709/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh25 Apr 2025AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No. 709/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-20) M/S Emson Gears Ltd. Dcit, Circle I, बनाम/ Vs. D-42, Phase V, Focal Point, Ludhiana. Dhandari Kalan, Punjab. 141010 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaace-3697-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sarabjit Garg (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 22-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax-2, Mumbai [Cit(A)] Dated 27-09-2023 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 03-06-2020 Disallowing Late Payment Of Employees’ Contribution To Pf / Esi In Terms Of Sec.43B R.W.S. 36(1)(Va) As Well As Sec.2(24)(X). The Ld. Cit(A) Confirmed The Same, Inter-Alia, By Relying Upon The Decision Of Hon’Ble Apex Court In The Case Of Checkmate Services P. Ltd Vs. Cit (2022) 143

For Appellant: Sh. Sarabjit Garg (CA) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

…To support the same, Ld. AR made reference to decision of Hon’ble Apex Court in Vatika Township Pvt. Ltd. (SLP(C) No.540 of 2009) laying down the general principles concerning retrospectivity. However, the decision in Checkmate Services P. Ltd Vs. CIT (2022) 143 Taxmann.com 178 (SC) has changed the legal position since inception which is against general principles concerning retrospectivity. In the alternative, Ld. AR impressed upon the idea that the deduction of employee’s share of ESI / PF would become income of the employer when deducted from salaries / wages at the time of disbursement of salaries / wages to…

Yes Bank Limited, Mumbai vs. Additional Commissioner of Income Tax (Appeals), Panchkula

In the result, the appeal of the assessee bearing ITA No

ITA 1093/MUM/2025[2020-21]Status: DisposedITAT Mumbai21 Apr 2025AY 2020-21

Bench: Shrinarendra Kumar Billaiya & Shri Anikesh Banerjeeyes Bank Limited Vs Additional Commissioner Of Income Yes Bank House, 8Th Floor, Tax (Appeals), Panchkula Prabhat Colony, Off Western Express Highway, Santacruz East, Mumbai-400 055 Pan : Aaacy2068D Appellant Respondent Additional Commissioner Of Vs Yes Bank Limited Yes Bank House, 8Th Floor Income Tax (Appeals), Panchkula Prabhat Colony, Off Western Express Highway, Santacruz East, Mumbai-400 055 Pan : Aaacy2068D Appellant Respondent

For Appellant: Shri Yogesh Thard &Ms.Vidhi SalotFor Respondent: Ms. Ramapriya Raghavan - CIT DR&
Section 139(1)Section 143(1)Section 234ASection 234CSection 250Section 36(1)(va)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G”, MUMBAI BEFORE SHRINARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER Yes Bank Limited vs Additional commissioner of Income Yes Bank House, 8th Floor, Tax (Appeals), Panchkula Prabhat Colony, Off Western Express Highway, Santacruz East, Mumbai-400 055 PAN : AAACY2068D APPELLANT RESPONDENT Additional commissioner of vs Yes Bank Limited Yes Bank House, 8th Floor Income Tax (Appeals), Panchkula Prabhat Colony, Off Western Express Highway, Santacruz East, Mumbai-400 055 PAN : AAACY2068D APPELLANT RESPONDENT Assessee by : Shri Y…

Indo Rama Synthetics (India) Ltd, Gurgaon vs. DCIT, 10.1, New Delhi

In the result, impugned order is modified and appeal of the assessee is allowed for statistical purpose

ITA 1959/DEL/2024[2022-23]Status: DisposedITAT Delhi15 Apr 2025AY 2022-23

Bench: Shri Vikas Awasthyआअसं.1959/िद"ी/2024(िन.व. 2022-23) Indo Rama Synthetics (India) Ltd., 53-54, Delhi Press Building, Ph-Iv, Udyog Vihar, Haryana 122015 ...... अपीलाथ"/Appellant Pan: Aaaci-1530-L बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 10(1), C R Building, Delhi 110001 अपीलाथ" "ारा/ Appellant By : Shri Rohit Jain, Advocate, Ms. Somya Jain & Shri Shivam Gupta, Chartered Accountants "ितवादी "ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 15/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax(Appeals)-2, Guwahati (Hereinafter Referred To As 'The Cit(A)') Dated 26.02.2024, For Assessment Year 2022-23. 2. Shri Rohit Jain, Appearing On Behalf Of The Assessee Submits That The Assessee Had Filed Its Return For Ay 2022-23 On 23.10.2022. During The Period Relevant To Assessment Year Under Appeal, The Assessee Had Income Of Rs.195.67 Lakhs

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 143(1)

…आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं.1959/िद"ी/2024(िन.व. 2022-23) Indo Rama Synthetics (India) Ltd., 53-54, Delhi Press Building, PH-IV, Udyog Vihar, Haryana 122015 ...... अपीलाथ"/Appellant PAN: AAACI-1530-L बनाम Vs. Deputy Commissioner of Income Tax, ..... "ितवादी/Respondent Circle 10(1), C R Building, Delhi 110001 अपीलाथ" "ारा/ Appellant by : Shri Rohit Jain, Advocate, Ms. Somya Jain & Shri Shivam Gupta, Chartered Accountants "ितवादी "ारा/Respondent by : Shri Sanja…