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

May Fashions LLP, Mumbai vs. CIT (A) NFAC, New Delhi

In the result, appeal filed by the assessee is dismissed

ITA 2073/MUM/2021[2019-20]Status: DisposedITAT Mumbai14 Jun 2023AY 2019-20

Bench: Shri Aby T. Varkey, Jm & Ms. Padmavathy S, Am आयकर अपील सं/ I.T.A. No.2073/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2019-20) May Fashions Llp बिधम/ Cit(A)/Nfac Anup Anand Compartments New Delhi Vs. Plot No. 24-25 Marol Co- Op, Indl Estate Andhri Kurla Road, Sakinaka, Andheri, Mumbai-400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abefm7603C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 31/05/2023 घोषणा की तारीख /Date Of Pronouncement: 14/06/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 23.09.2021 For Ay. 2019-20. 2. It Is Noted That This Caption Appeal Was Allowed In The First Round By This Tribunal Vide Order Dated 09.05.2022. However, The Same Has Been Recalled In Ma No. 338/Mum/2022 In The Light Of The Hon’Ble Supreme Court Decision In The Case Of Checkmate Services Pvt. Ltd. Vs. Cit (448 Itr 518). Therefore, This Appeal Is Adjudicated Afresh. The Main Grievance Of Assessee Is Against The Action Of Ld. Cit(A) Confirming The Disallowance Of Employee’S Contribution Made Towards Pf/Esi To The Tune Of Rs.5,40,279/-.

For Appellant: NoneFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(1)Section 36(1)(va)

…this caption appeal was allowed in the first round by this Tribunal vide order dated 09.05.2022. However, the same has been recalled in MA No. 338/Mum/2022 in the light of the Hon’ble Supreme Court decision in the case of Checkmate Services Pvt. Ltd. Vs. CIT (448 ITR 518). Therefore, this appeal is adjudicated afresh. The main grievance of assessee is against the action of Ld. CIT(A) confirming the disallowance of employee’s contribution made towards PF/ESI to the tune of Rs.5,40,279/-. 3. Despite notice none appeared on behalf of the assessee. Therefore, we proceed to dispose of this appeal after hearing the Ld…

M.R.Overseas Pvt Ltd, Delhi vs. DCIT Circle 16(1), New Delhi

In the result, the appeals in ITA No

ITA 2470/DEL/2022[2018-19]Status: DisposedITAT Delhi13 Jun 2023AY 2018-19

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita Nos. 2470 & 2469/Del/2022 (Assessment Years : 2018-19 & 2019-20) M. R. Overseas Pvt. Ltd. Vs. Dcit 204, Wason Chambers, Circle – 16(1) B-9, Model Town-Ii, New Delhi Delhi-110 009 Pan No. Aaccm 1636 P (Appellant) (Respondent) Assessee By Ms. Nivedita, Adv. Revenue By Ms. Kirti Sankratyayan, Sr. D.R. Date Of Hearing: 09.05.2023 Date Of Pronouncement: 13.06.2023 Order Per Anil Chaturvedi, Am: These Two Appeals Filed By The Assessee Are Directed Against The Order Dated 05.08.2022 Passed By The Commissioner Of Income Tax (Appeals)- Nfac, Delhi Relating To Assessment Years 2018-19 & 2019-20. 2. Before Us, At The Outset, Both The Parties Submitted That Though The Appeals Filed By The Assessee Are For Two Different Assessment Years But The Facts & Issues Involved In Both The

Section 139(1)Section 143(1)Section 3(1)(va)Section 36(1)(va)

…see. 9. Learned DR on the other hand supported the order of lower authorities and further submitted that the issue of delayed payment has now been settled by Hon’ble Supreme Court in the case of Checkmate Services Pvt. Ltd. and others vs. CIT & others (2022) 448 ITR 518 (SC) and the Pune Bench of Tribunal in the case of Cemetile Industries (ITA No 693/Pun/2022 order dtd 23.11.2022 had considered various aspects and by a detailed order held that the delayed deposit of employees contribution cannot be allowed as deduction and that the adjustment could even be made in the intimation issued u/s 143(1) of the Act. Sh…

M R Overseas P.Ltd, New Delhi vs. DCIT, Circle-16(1), New Delhi

In the result, the appeals in ITA No

ITA 2469/DEL/2022[2019-20`]Status: DisposedITAT Delhi13 Jun 2023

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaita Nos. 2470 & 2469/Del/2022 (Assessment Years : 2018-19 & 2019-20) M. R. Overseas Pvt. Ltd. Vs. Dcit 204, Wason Chambers, Circle – 16(1) B-9, Model Town-Ii, New Delhi Delhi-110 009 Pan No. Aaccm 1636 P (Appellant) (Respondent) Assessee By Ms. Nivedita, Adv. Revenue By Ms. Kirti Sankratyayan, Sr. D.R. Date Of Hearing: 09.05.2023 Date Of Pronouncement: 13.06.2023 Order Per Anil Chaturvedi, Am: These Two Appeals Filed By The Assessee Are Directed Against The Order Dated 05.08.2022 Passed By The Commissioner Of Income Tax (Appeals)- Nfac, Delhi Relating To Assessment Years 2018-19 & 2019-20. 2. Before Us, At The Outset, Both The Parties Submitted That Though The Appeals Filed By The Assessee Are For Two Different Assessment Years But The Facts & Issues Involved In Both The

Section 139(1)Section 143(1)Section 3(1)(va)Section 36(1)(va)

…see. 9. Learned DR on the other hand supported the order of lower authorities and further submitted that the issue of delayed payment has now been settled by Hon’ble Supreme Court in the case of Checkmate Services Pvt. Ltd. and others vs. CIT & others (2022) 448 ITR 518 (SC) and the Pune Bench of Tribunal in the case of Cemetile Industries (ITA No 693/Pun/2022 order dtd 23.11.2022 had considered various aspects and by a detailed order held that the delayed deposit of employees contribution cannot be allowed as deduction and that the adjustment could even be made in the intimation issued u/s 143(1) of the Act. Sh…