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 367,164 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

Hindustan Facilities Private Limited, Mumbai vs. DCIT, Circle 2 (1)(1), Mumbai

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

ITA 3162/MUM/2022[2020-21]Status: DisposedITAT Mumbai31 Jan 2023AY 2020-21

Bench: Shri Amit Shukla, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 3162/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2020-21) Dcit Circle-2(1)(1) Hindustan Facilities P.Ltd Mumbai, Mumbai. Ayakar Bhavan, Unit No.18, Desh Udhyog बिधम/ Mumbai Maharashtra- Co-Op Soc, Caves Road, Vs. 400020 Near Heatech India, Estate Jogeshwari(E). Mumbai-400060 स्थायीलेखासं./जीआइआरसं./ Pan No. Aacch2393A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : None अपीलाथीकीओरसे/ Appellant By : प्रत्यथीकीओरसे/Respondent By : Shri Minal Kamble- Sr.Dr सुनवाईकीतारीख/ : 30.01.2023 Date Of Hearing घोषणाकीतारीख / : 31.01.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 17.11.2022, Passed By National Faceless Appeal Centre (Nfac), Delhi For Ay 2020-2, In Relation To The 2

For Respondent: Shri Minal Kamble-
Section 139(1)Section 143(1)Section 36(1)(va)

…u/s 139(1). The CPC has made a adjustment in the intimation passed u/s 143(1) by making an addition of Rs. 25,26,246/-. 5. The Ld.CIT(A), has relied upon the decision of Hon’ble Supreme Court in the case of “Checkmate Services Private Limited vs. CIT” 2022, 448 ITR 518, order dated 12.10.2022 and has confirmed the addition. 6. On the perusal of the grounds of appeal, it is seen that Assessee has stated that the payment of employee contribution to the provident fund for the month of April 2019, was made before the due date prescribed under respective Act which was 15th May 2019 and therefore, no disallowance u/…