CIT v. Gujarat State Road Transport Corpn

41 Taxmann.com 100High Court2014#118 most cited

What is CIT v. Gujarat State Road Transport Corpn authority for?

Employees' contributions to provident fund or other welfare funds are deductible under section 36(1)(va) only if paid by the due date specified in the respective welfare fund enactments, and section 43B does not extend this period to the income tax return filing due date under section 139(1).

540

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v Gujarat State Road Transport Corpn · Section 43B · Section 36(1)(va) · employees contribution to PF · welfare funds due date · allowable deduction · income tax return filing date · Section 2(24)(x) · provident fund payment · EssaeTeraoka distinguishing

Issues it is cited on

Judgments citing CIT v. Gujarat State Road Transport Corpn

Doddaiah Kavitha, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, appeal of the assessee is dismissed

ITA 952/BANG/2022[2018-19]Status: DisposedITAT Bangalore02 Feb 2023AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 Ms. Doddaiah Kavitha, Vs. Dcit, No.1/1, 57Th ‘D’ Cross, 3Rd Block, Central Processing Centre, Rajajinagar, Bengaluru. Bengaluru – 560 010. Pan : Boypk 6785 B Appellant Respondent Assessee By : Shri. Manishankar S, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 31.01.2023 Date Of Pronouncement : 02.02.2023 O R D E R This Is An Appeal By The Assessee Against The Order Dated 26.07.2022 Of Nfac, Delhi, Relating To Assessment Year 2018-19. 2. The Issue Involved In This Appeal Is As To Whether The Employees’ Contribution To Provident Fund & Employees State Insurance Which The Employer Deducts & Pays Over To The Concerned Authorities Beyond The Date Prescribed For Payment Of Such Contribution But Nevertheless The Contribution Has Been Paid Within The Due Date Prescribed For Filing Return Of Income U/S.139(1) Of The Income Tax Act, 1961, Can Be Allowed As Deduction By Applying The Second Proviso To Sec.43B Of The Act. 3. In So Far As The Question Whether The Employees Contribution To Provident Fund & Employees State Insurance Which The Employer Deducts & Pays Over To The Concerned Authorities Beyond The Date Prescribed For Page 2 Of 6

For Appellant: Shri. Manishankar S, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 139(1)Section 2(24)(x)Section 34(1)(iv)Section 36(1)(va)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2018-19 Ms. Doddaiah Kavitha, Vs. DCIT, No.1/1, 57th ‘D’ Cross, 3rd Block, Central Processing Centre, Rajajinagar, Bengaluru. Bengaluru – 560 010. PAN : BOYPK 6785 B APPELLANT RESPONDENT Assessee by : Shri. Manishankar S, CA Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 31.01.2023 Date of Pronouncement : 02.02.2023 O R D E R This is an appeal by the assessee against the order dated 26.07.2022 of NFAC, Delhi, relating to Assessment Year 2018-19. 2. The issue involv…

M/S. Suresh Electricals, Bellary vs. The Deputy Commissioner of Income Tax, CPC, Bengaluru

In the result, appeal of the assessee is dismissed

ITA 724/BANG/2022[2018-19]Status: DisposedITAT Bangalore25 Nov 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 M/S. Suresh Electricals, Vs. Dcit, Ward No.25, Cmc T. S. No.227, Tilak Cpc, Nagar, Khb Colony, Bengaluru. Bellary – 583 101. Pan : Abyfs 9751 M Appellant Respondent Assessee By : Shri. B. S. Balachandran, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 12.07.2022, Relating To Assessment Year 2018-19. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Page 2 Of 14

For Appellant: Shri. B. S. Balachandran, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2018-19 M/s. Suresh Electricals, Vs. DCIT, Ward No.25, CMC T. S. No.227, Tilak CPC, Nagar, KHB Colony, Bengaluru. Bellary – 583 101. PAN : ABYFS 9751 M APPELLANT RESPONDENT Assessee by : Shri. B. S. Balachandran, Advocate Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 23.11.2022 Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee directed against the order of NFAC, Delhi, dated 12.07.2022, relating to Assessment Year 2018-19. 2. The only…

Bhoruka Fabcons Private Limited, Mysuru vs. The Assistant Director of Income Tax, CPC, Bangalore

In the result, appeal of the assessee is dismissed

ITA 910/BANG/2022[2020-21]Status: DisposedITAT Bangalore24 Nov 2022AY 2020-21

Bench: Shri N. V. Vasudevanassessment Year : 2020-21 M/S. Bhoruka Fabcons Pvt. Ltd., Vs. The Assistant Director Of Income Tax, No.427E, Hebbal Industrial Area, Cpc, Mysuru – 570 016. Bengaluru. Pan : Aaccb 9377 N Appellant Respondent Assessee By : Shri. Bhargava S. N, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 28.07.2022, Relating To Assessment Year 2020-21. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Calculated In The Prescribed Manner Under The Relevant Act. As Per Page 2 Of 13

For Appellant: Shri. Bhargava S. N, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2020-21 M/s. Bhoruka Fabcons Pvt. Ltd., Vs. The Assistant Director of Income Tax, No.427E, Hebbal Industrial Area, CPC, Mysuru – 570 016. Bengaluru. PAN : AACCB 9377 N APPELLANT RESPONDENT Assessee by : Shri. Bhargava S. N, CA Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 23.11.2022 Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee directed against the order of NFAC, Delhi, dated 28.07.2022, relating to Assessment Year 2020-21. 2. The…

Chase Security, Bangalore vs. Income Tax Officer, Ward-6(3)(1), Bangalore

In the result, appeal of the assessee is dismissed

ITA 796/BANG/2022[2018-19]Status: DisposedITAT Bangalore23 Nov 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 M/S. Chase Security, Vs. The Ito, No.16/A, 1St Floor, Millar Tank Bund Ward – 6(3)(1), Cpc, Road, Vasanth Nagar, Bengaluru. Bengaluru – 560 052. Pan : Aaefc 2412 L Appellant Respondent Assessee By : Smt. Sheethal Borkar, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Dated 29.04.2021 By The Nfac, Delhi Relating To Assessment Year 2018-19. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Page 2 Of 14

For Appellant: Smt. Sheethal Borkar, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC - C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT Assessment Year : 2018-19 M/s. Chase Security, Vs. The ITO, No.16/A, 1st Floor, Millar Tank Bund Ward – 6(3)(1), CPC, Road, Vasanth Nagar, Bengaluru. Bengaluru – 560 052. PAN : AAEFC 2412 L APPELLANT RESPONDENT Assessee by : Smt. Sheethal Borkar, Advocate Revenue by : Shri. Ganesh R. Ghale, Standing Counsel Date of hearing : 21.11.2022 Date of Pronouncement : 23.11.2022 O R D E R This is an appeal by the assessee directed against the order dated 29.04.2021 by the NFAC, Delhi relating to Assessment Year 201…

Kema Logistics and Manufacturers Pvt Ltd, Nagpur vs. Deputy Commissioner of Income Tax, CPC, Banglore

In the result, appeal of the assessee is allowed for statistical purpose

ITA 124/NAG/2021[2017-18]Status: DisposedITAT Nagpur15 Nov 2022AY 2017-18

Bench: S.S.Viswanethra Ravi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.124/Nag/2021 िनधा"रण वष" / Assessment Year : 2017-18 Kema Logistics & The Dcit, Cpc, Manufacturers Pvt. Ltd, Vs Bangalore. 80B, Shivaji Nagar, Nagpur. Pan: Aabck 6785 E Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri G.J.Ninawe – Dr Date Of Hearing 09/11/2022 Date Of Pronouncement 15/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Commissioner Of Income Tax Appeal, (Nfac) Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Passed On 02.08.2021. The Assessee Has Raised The Following Grounds Of Appeal: “1) The Hon'Ble Cit (Appeals) Erred In Law & On Facts By Dismissing The Appeal On The Ground That Epf Has Not Been Paid As Appeal Was Filed For Disallowance Of Bonus Payment. 2) The Learned Cit (Appeals) Erred In Law & On Facts By Holding That The Epf Payment Of Rs.9,75,173/- Remained Unpaid Before The Due Date Of Filing Return As The Amount Relates To Unpaid Bonus At The Year-End Which Was Duly Paid By The Appellant Before The Due Date Of Filing Of Income Tax Return. 3) Any Other Ground That May Be Taken At The Time Of Hearing

Section 143(1)Section 143(1)(a)Section 250Section 36Section 36(1)(va)Section 43B

…आयकर अपीलीय अिधकरण "ायपीठ नागपुर म"। IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH BEFORE S.S.VISWANETHRA RAVI, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.124/NAG/2021 िनधा"रण वष" / Assessment Year : 2017-18 Kema Logistics and The DCIT, CPC, Manufacturers Pvt. Ltd, Vs Bangalore. 80B, Shivaji Nagar, Nagpur. PAN: AABCK 6785 E Appellant/ Assessee Respondent /Revenue Assessee by None. Revenue by Shri G.J.Ninawe – DR Date of hearing 09/11/2022 Date of pronouncement 15/11/2022 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order o…