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 Dixit, Haryana vs. AO Ward-2, Sonepat

In the result, appeal of the assessee is dismissed

ITA 846/DEL/2022[2018-19]Status: DisposedITAT Delhi08 May 2023AY 2018-19

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2018-19 Kamal Dixit, Vs Ao, 240, Vpo-Bhainsra Wali, Ward-2, Ballabgarh, Sonepat. Faridabad, Haryana – 121 004. Pan: Astpd3725G (Applicant) (Respondent) Assessee By : None Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 01.05.2023 Date Of Pronouncement : 08.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.846/Del/2022 For Ay 2018-19 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2021-22/1035026042(1) Dated 23.08.2021 Against The Order Of Assessment Passed U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 23.03.2020 By The Ld. Acit, Cpc (Hereinafter Referred To As ‘Ld. Ao’). 2. At The Outset, We Find That The Appeal Preferred By The Assessee Before Us Is Delayed By 189 Days. In View Of The Relaxation Provided By The Hon’Ble Supreme Court In The Light Of Covid 19 Pandemic, We Deem It Fit To Condone The Delay & Admit The Appeal For Adjudication.

For Appellant: NoneFor Respondent: Shri Anuj Garg, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

…nces of the instant case. 5. We have heard rival submissions and perused the materials available on record. This issue is no longer res integra in view of the decision of the Hon’ble Supreme court in the case of Checkmate Services Pvt. Ltd vs CIT reported in 448 ITR 518. It is not in dispute that the employees contribution to PF and ESI were deposited by the assessee to the Government account beyond the due dates prescribed under the respective acts but well before the due date of filing of return of income u/s. 139(1) of the Act. We find that the recent decision of the Hon’ble Supreme Court had settled the enti…