CIT v. Gujarat State Road Transport Corporation

366 ITR 170High Court2014#38 most cited

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

Employees' contributions to welfare funds, such as provident fund, are not allowable as a deduction under section 36(1)(va) if deposited beyond the due date prescribed under the respective welfare statutes, even by a single day. Such delayed deposits are not cured even if made before the income-tax return filing due date.

1,158

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Gujarat State Road Transport Corporation · 366 ITR 170 · Section 36(1)(va) · Section 2(24)(x) · employees contribution to provident fund · delayed deposit of PF · disallowance of employee contribution · due date for deposit · welfare fund contributions · EPF Act due date · Checkmate Services

Issues it is cited on

Judgments citing CIT v. Gujarat State Road Transport Corporation

M/S. Sycone Cpmc Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

ITA 260/BANG/2022[2018-19]Status: DisposedITAT Bangalore31 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year:2018-19 M/S. Sycone Cpmc Private Limited, No.36, 20Th Main, 2Nd Block, Rajajinagar, Dcit, Cpc, Vs. Bengaluru – 560 010. Bengaluru. Pan No : Aaics 3458 H Appellant Respondent Appellant By : Shri. Siddesh Nagaraj Gaddi, Ca Respondent By : Shri Ganesh R. Ghale, Standing Counsel For Dept. Date Of Hearing : 31.05.2022 Date Of Pronouncement : 31.05.2022 O R D E R Per B.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 25/02/2022 Passed By Ld. Cit(A)-11, Bangalore & It Relates To The Assessment Year 2018-19. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Rs.8,58,090/-, Being Employees Contribution To Provident Fund & Esi, Made U/S 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short].

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri Ganesh R. Ghale, Standing counsel for dept
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…s made prior to the due date of filing of return of income u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court differed with the judgment of the Hon'ble Gujarat High Court in the case of CIT v. Gujarat State Road Transport Corporation reported in 366 ITR 170 (Guj.). The Hon'ble High Court was considering following substantial question of law:- "Whether in law, the Tribunal was justified in affirming the finding of Assessing Officer in denying the appellant's claim of M/s. SYConE CPMC Private Limited Page 4 of 6 deductions of the employees contribution to PF/ESI alleging that the payment was not made…