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 366,470 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

E Factor Adventure Tourism Private Limited, Delhi vs. The DCIT, CC-13, Delhi

In the result, appeal of the assessee is partly allowed

ITA 3006/DEL/2025[2017-2018]Status: DisposedITAT Delhi12 Feb 2026AY 2017-2018

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.3006/धिल्ली/2025(नि.व. 2017-18) E Factor Adventure Tourism P. Ltd., 101 A, Kundan Kutir, Hari Nagar, Ashram, New Delhi 110014 ...... अपीलार्थी/Appellant Pan: Aabce-7871-R बिाम Vs. Deputy Commissioner Of Income Tax, .....प्रनिवादी/Respondent Central Circle-13, New Delhi 110055 अपीलार्थी द्वारा/ Appellant By: Shri S.K Chaturvedi, Chartered Accountant प्रधििािीद्वारा/Respondent By: Shri Om Prakash, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 03/02/2026 घोषणा की निथर्थ/ Date Of Pronouncement : 03/02/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax-26, New Delhi [In Short ‘The Cit(A)’] Dated 06.03.2025, For Ay 2017-18 In Proceedings U/S.154 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’).

For Appellant: Shri S.K Chaturvedi, Chartered AccountantFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)Section 154Section 36(1)(va)

…d 20.12.2023 passed u/s 154 of the Act, added back employees share of contribution of PF Rs.4,12,960/- and contribution of ESI Rs.73,968/- by placing reliance on the decision of Hon’ble Supreme Court of India in the case of Checkmate Services P. Ltd. vs. CIT (448 ITR 518). Aggrieved by the said order, the assessee filed appeal before the CIT(A) but remained unsuccessful. Hence, the present appeal. The ld. Counsel for the assessee submitted that when the assessment u/s 143(3) of the Act was made on 25.12.2019, various High Courts had held that employees’ share of contribution in respect of ESI/PF, if deposited be…

Ces Limited, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

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

ITA 638/HYD/2025[2018-19]Status: DisposedITAT Hyderabad06 Feb 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita.No.638/Hyd/2025 Assessment Year 2018-2019 Ces Limited, The Dcit, Circle-1(1), Hyderabad – 500 032. Vs. Hyderabad. Telangana. Telangana. Pan Aadcs4564P (Appellant) (Respondent) निर्धारिती द्वधिध/Assessee By : Ca P Murali Mohan Rao िधजस् व द्वधिध/Revenue By : Dr. Sachin Kumar, Sr. Ar सुिवधई की तधिीख/Date Of Hearing: 02.02.2026 घोषणध की तधिीख/Pronouncement: 06.02.2026 आदेश/Order Per Vijay Pal Rao:

For Appellant: CA P Murali Mohan RaoFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 250Section 36(1)(va)

…the said matter/issue to the record of the learned CIT(A) with a direction to consider the relevant record and facts and then decide the issue as per the Judgment of Hon’ble Supreme Court in the case of Checkmate Services P. Ltd., & Ors. vs. CIT & Ors. [2022] 448 ITR 518 (SC). Thus, the learned Authorised Representative of the Assessee has submitted that this matter may also be remanded to the learned CIT(A) as the issue raised in this appeal is common to the issue remanded by the Tribunal in the appeal against the assessment order. 4. On the other hand, the learned DR has submitted that the issue involved in th…

Aditya Birla Sun Life Amc Limited, Maharashtra vs. The Deputy Commissioner of Income Tax- Circle 6(1)(1), Maharashtra

ITA 6703/MUM/2025[2023-24]Status: DisposedITAT Mumbai06 Feb 2026AY 2023-24

Bench: Shri Amit Shukla & Shri Makarand Vasant Mahadeokar1. Ita No. 6663/Mum/2025 (Assessment Year: 2017-18) 2. Ita No. 6701/Mum/2025 (Assessment Year: 2018-19) 3. Ita No. 6702/Mum/2025 (Assessment Year: 2022-23) & 4. Ita No. 6703/Mum/2025 (Assessment Year: 2023-24) Aditya Birla Sun Life Dcitcircle-6(1)(1), Amc Limited, Room No. 502, 5Th 17Th Floor, One World Vs. Floor, Aayakar Centre Tower-1, Jupiter Bhavan, M. K. Mill Compount, 841, Road, Churchgate, Senapati Bapat Marg, Mumbai-400 020 Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacb6134D (Applicant) (Respondent) Assessee By Shri Ronak Doshi, Shri Shrey Agrawal & Shri Aadish Jain, Ld. Ars Revenue By Shri Surendra Mohan, Ld. Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250Section 270ASection 36(1)(va)Section 40Section 43B

…Mum/2025) Ground No. I: Disallowance of employees’ contribution to provident fund amounting to Rs. 82,10,149/- 13. The learned AR fairly conceded that in view of the subsequent decision of the Hon’ble Supreme Court in Checkmate Services (P) Ltd. v. CIT [2022] 448 ITR 518, the issue now stands decided against the assessee. 14. In view of the binding decision of the Hon’ble Supreme Court, we find no infirmity in the action of the Assessing Officer in disallowing the employees’ contribution to provident fund and in the order of the CIT(A) in confirming the same. Accordingly, this ground of appeal is dismissed. Groun…

Deputy Commisioner of Income Tax Circle 3(1)(1) Ahmedabad, Ahmebabad vs. Techno Industries, Ahmedabad

In the result, the appeal filed by the Revenue is partly allowed

ITA 660/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad03 Feb 2026AY 2017-18

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyaltechno Industries, Deputy Commissioner Of Vs. Plot No. 613, Phase Iv, Income-Tax, Gidc, Vatva, Circle 3(1)(1), Ahmedabad-382 245 Ahmedabad [Pan : Aacft 1503 D] (Appellant) .. (Respondent) Assessee By : Shri Bandish Soparkar, Ar Respondent By: Shri Abhijit, Sr Dr Date Of Hearing 27.11.2025 Date Of Pronouncement 03.02.2026 O R D E R Per Dr. B.R.R. Kumar, Vice-:- This Appeal Has Been Filed By The Revenue Against The Order Dated 22.01.2025 Passed By The Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (“Ld. Cit(A)” For Short), Under Section 250 Of The Income-Tax Act, 1961 (“The Act” For Short), Relating To The Assessment Year 2017- 18. 2. The Revenue Has Raised Following Grounds Of Appeal :- “(1) The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs 1,03,00,000/- Made By Ao On Account Of Unsecured Loan Received From Various Lenders U/S. 68 Of It Act, Despite The Fact That The Assessee Had Not Corroborative Evidences Identity Genuineness/Creditworthiness Of The Lenders During Assessment Establish The Proceedings. (2) The Ld. Cit(A) Has Erred In Law & On Facts In Admitting The Additional Evidences During Appellate Proceedings, Without Giving The Opportunity To The Ao As Required By Rule 46A.. (3) The Ld. Cita) Has Erred In Law & On Facts In Deleting The Addition Of Rs.1,66,037/- Made By Ao On Account Of Disallowance Of Interest On Unsecured Loans Paid To Lenders, Despite The Fact That The Assessee Had Not Dcit Vs. Techno Industries Asst. Year : 2017-18 - 2–

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Abhijit, Sr DR
Section 143(3)Section 250Section 36(1)(va)Section 68

…Finance Act, 2021 was prospective. 7.1 We have carefully considered the rival submissions and perused the material on record. The issue is squarely covered by the judgment of the Hon’ble Supreme Court in the case of Checkmate Services (P) Ltd. v. CIT, (2022) 448 ITR 518 (SC), wherein it has been categorically held that employees’ contribution to PF/ESI is governed by section 36(1)(va) of the Act and is allowable as deduction DCIT Vs. Techno Industries Asst. Year : 2017-18 - 5– only if the same is deposited within the due date prescribed under the relevant Act. In view of the above, we set aside the order of th…

Nagaur Urban Cooperative Bank Limited, Nagaur vs. ITO, Ward-1, Nagaur

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

ITA 882/JODH/2024[2022-23]Status: DisposedITAT Jodhpur28 Jan 2026AY 2022-23

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blenagaur Urban Coop Bank Income Tax Officer, Ward – 1 Limited Nagaur - 341001 Head Office Bal Samand, Nagaur - 341001 Pan No. Aaaan 7788 B Assessee By None (Adjournment Application) Shri K.C. Meena, Addl. Cit-Dr (Virtual) Revenue By Date Of Hearing 12.01.2026. Date Of Pronouncement 28.01.2026. Order Dr. Mitha Lal Meena, A.M.: The Appeal By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “The Nfac/Cit Appeal”] Dated 27.09.2024 With Respect To Assessment Year 2022-23 Challenging Therein Disallowance Of Rs. 6,51,147/- By Cpc Invoking Provisions Of Section 154 Of The Income Tax Act.

Section 143(1)Section 154Section 36(1)(va)

…Accordingly, the adjournment application is rejected and the appeal was taken up for hearing as being a covered matter on the issue pertains to employees contribution of PF and ESI by the Apex Court in the case of “Checkmate Services Pvt. Ltd. Vs. CIT (2022) 448 ITR 518 (SC).” 4. Having heard the Ld. DR and perusal of record, we find that the disallowance of relief payment of employees contribution to PF and ESI in terms of Section 36(1)(va) is incorrect claimed as per the information furnished in the return of income. 5. Presently the issue of employees contribution of PF and ESI is settled and, therefore, th…

M/S. South West Pinnacle Exploration Limited, Gurugram vs. ACIT, Circle-24(1), New Delhi

In the result, appeal filed by the assessee is allowed

ITA 4076/DEL/2025[2014-15]Status: DisposedITAT Delhi21 Jan 2026AY 2014-15

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarm/S. South West Pinnacle Exploration Limited, Vs. Acit, Circle 24 (1), Plot No.6, 4Th Floor, Sector 44, New Delhi. Gurugram – 122 003 (Haryana). (Pan : Aakcs3608R) (Appellant) (Respondent) Assessee By : Shri I.P. Bansal, Advocate Shri Vivek Bansal, Advocate Revenue By : Shri Manish Gupta, Sr. Dr Date Of Hearing : 25.11.2026 Date Of Order : 21.01.2026 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-24, New Delhi [“Ld. Cit (A)”, For Short] Dated 17.06.2025 For The Assessment Year 2014-15. 2. At The Outset, Ld. Ar Of The Assessee Submitted That The Issues Involved In The Present Appeal Are Squarely Covered By Various Decisions & He Heavily Relied Upon The Decision Of The Coordinate Bench In The Case Of Real Innerspring Technologies Pvt. Ltd. Vs. Acit (2025) 174

For Appellant: Shri I.P. Bansal, AdvocateFor Respondent: Shri Manish Gupta, Sr. DR
Section 131(1)(d)Section 142(1)Section 143(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘G’: NEW DELHI. BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI VIMAL KUMAR, JUDICIAL MEMBER M/s. South West Pinnacle Exploration Limited, vs. ACIT, Circle 24 (1), Plot No.6, 4th Floor, Sector 44, New Delhi. Gurugram – 122 003 (Haryana). (PAN : AAKCS3608R) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri I.P. Bansal, Advocate Shri Vivek Bansal, Advocate REVENUE BY : Shri Manish Gupta, Sr. DR Date of Hearing : 25.11.2026 Date of Order : 21.01.2026 O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : 1. The assessee has filed appeal against the order of the Lear…