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 366,470 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

Sections most often in play

Section 139(1)Section 143(3)Section 2(24)(x)Section 250Section 36(1)(va)Section 1961Section 40A(7)Section 43B

Issues it is cited on

employees contribution to pfsection 2(24)(x)section 36(1)(va)section 2(24)section 43bsection 43section 36section 36(1)section 139(1)section 139section 143(1)section 13

Judgments citing CIT v. Gujarat State Road Transport Corporation

Dy. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad vs. Sagar Agencies Pvt.Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1832/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad01 Jan 2019AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.1777/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 Sagar Agencies Pvt. Ltd., D.C.I.T, 803 Sahjanand Complex, Circle-8, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P आयकर अपील सं./Ita No.1832/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T, Sagar Agencies Pvt. Ltd., Circle-4(1)(1), 803 Sahjanand Complex, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P

Section 36Section 36(1)(va)Section 37(1)Section 43B

…t of employee’s contribution towards ESI and PF. 4. At the outset, Ld.AR for the assessee fairly conceded that the issue stands covered against the assessee by the judgment of Jurisdictional High Court in the case of Gujarat State Road Transport Corporation, 366 ITR 170. The jurisdictional High Court in the above case held that where assessee did not deposit employees' contribution in the relevant fund before the due date prescribed in Explanation to section 36(1)(va), no deduction would be admissible even though he deposits same before due date under section 43B. Hence we are not inclined to interfere in the or…

Sagar Agencies Pvt.Ltd., Ahmedabad vs. The Dy.CIT, Circle-8, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1777/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad01 Jan 2019AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.1777/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 Sagar Agencies Pvt. Ltd., D.C.I.T, 803 Sahjanand Complex, Circle-8, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P आयकर अपील सं./Ita No.1832/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T, Sagar Agencies Pvt. Ltd., Circle-4(1)(1), 803 Sahjanand Complex, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P

Section 36Section 36(1)(va)Section 37(1)Section 43B

…t of employee’s contribution towards ESI and PF. 4. At the outset, Ld.AR for the assessee fairly conceded that the issue stands covered against the assessee by the judgment of Jurisdictional High Court in the case of Gujarat State Road Transport Corporation, 366 ITR 170. The jurisdictional High Court in the above case held that where assessee did not deposit employees' contribution in the relevant fund before the due date prescribed in Explanation to section 36(1)(va), no deduction would be admissible even though he deposits same before due date under section 43B. Hence we are not inclined to interfere in the or…

Assistant Commissioner of Income-Tax, Circle - 12, Pune vs. Universal Construction Machinery and Equipment Limited, Pune

In the result, the appeal of Revenue is dismissed

ITA 1994/PUN/2017[2014-15]Status: DisposedITAT Pune18 Dec 2018AY 2014-15

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1994/Pun/2017 यििाारण वषा / Assessment Year : 2014-15 The Assistant Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle – 12, Pune …. Vs. Universal Construction Machinery & Equipment Limited, Sr. No. 17/1B, Universal House, N.D.A. Road, Old Warje Jakat Naka, …. प्रत्यथी / Respondent Kothrud, Pune - 411038 Pan: Aaacu7808B

For Appellant: Shri Sudhendu DasFor Respondent: None
Section 143(3)Section 36Section 36(1)(va)Section 43B

…w.s. 2(24)(x) and the provisions of section 43B are not at all applicable to the employee's contribution. 6. The Ld. CIT(A) erred in not appreciating the decision of Hon'ble Gujarat High Court in the case of CIT II Vs Gujarat State Road Transport Corporation (366 ITR 170) (Guj) wherein identical issue has been dealt with and decided in favour of the revenue. 7. The Ld. CIT(A) erred in not appreciating the CBDT Circular No. 22/2015 dated 17.12.2015 on the issue of allowability of employer's contribution to funds for welfare of employees in terms of section 43B(b) wherein it has been specifically clarified in para…

Anjani Synthetics Ltd., Ahmedabad vs. The Dy.CIT, Circle-1(1)(2), Ahmedabad

In the result, the appeal is partly allowed in the terms indicated above

ITA 3594/AHD/2015[2012-13]Status: DisposedITAT Ahmedabad03 Dec 2018AY 2012-13
Section 143(3)Section 195Section 40Section 9(1)(vii)

…account of late payment of contribution to PF and ESI. 4. Learned representatives fairly agree that the issue is now covered against the assessee by Hon’ble jurisdictional High Court’s judgment in the case of CIT Vs Gujarat State Road Transport Corporation (366 ITR 170). We, therefore, decline to interfere in the findings of the CIT(A), which are in consonance with the law so laid down by Their Lordships, on this aspect of the matter. 5. Ground no. 2 is, accordingly, dismissed. 6. In ground no. 3, the assessee is aggrieved of the disallowance of Rs 1,67,090 on account of testing expenses. Anjani Synthetics Lt…

Falguni Sunilbhai Trivedi, Gandhinagar vs. DCIT, Gandhinagar Circle, Gandhinagar

In the result, appeal is allowed for statistical purposes

ITA 1707/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2015-16

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Salil ShethFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 2,73,738/- u/s. 36(1)(va). 2 . A.Y. 2015-16 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Shri Sureshprasad H. Yadav, Baroda vs. The DCIT, Circle-1(2), Baroda

In the result, appeal is allowed for statistical purposes

ITA 1694/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2014-15

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: NoneFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 19,18,176/- u/s. 36(1)(va). 2 . A.Y. 2014-15 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

M/S. Chartered Speed Pvt. Ltd., Ahmedabad vs. DCIT, Circle-1(1)(2), Ahmedabad

In the result, appeal is allowed for statistical purposes

ITA 1659/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2015-16

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: NoneFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 6,48,704/- u/s. 36(1)(va). 2 . A.Y. 2015-16 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

M/S. Green Brilliance Energy Pvt. Ltd., Vadodara vs. DCIT, Circle-1(1)(1), Baroda

In the result, appeal is allowed for statistical purposes

ITA 1646/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2014-15

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Smt. Kinjal ShahFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 6,82,239/- u/s. 36(1)(va). 2 . A.Y. 2014-15 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Anmol Spintex Pvt. Ltd., Ahmedabad vs. DCIT, Circle-1(1)(1), Ahmedabad

In the result, appeal is allowed for statistical purposes

ITA 1587/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2015-16

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Biren V. ShahFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 1,69,793/- u/s. 36(1)(va). 2 . A.Y. 2015-16 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Arvind Goodhill Suit Manufacturing Pvt. Ltd, Ahmedabad vs. DCIT, Circle-1(1)(1), Ahmedabad

In the result, appeal is allowed for statistical purposes

ITA 1586/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2015-16

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Biren V. ShahFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs.11,79,451/- u/s. 36(1)(va). 2 . A.Y. 2015-16 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Abeer Textiles Pvt. Ltd, Ahmedabad vs. DCIT, Circle-1(1)(2), Ahmedabad

In the result, appeal is allowed for statistical purposes

ITA 1585/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2015-16

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Biren V. ShahFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…of Employees Provident Fund of Rs. 5,50,939/- u/s. 36(1)(va). 2 . A.Y. 2015-16 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Shri Purshottam B. Pitroda, Ahmedabad vs. The ACIT, Circle-(3)2, Ahmedabad

In the result, appeal is allowed for statistical purposes

ITA 1529/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2013-14

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: NoneFor Respondent: Shri Lalit P. Jain, Sr. D.R
Section 139(1)Section 36(1)(va)Section 43B

…ce of Employees Provident Fund of Rs. 4,67,929 u/s. 36(1)(va). 2 . A.Y. 2013-14 2. This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC 366 ITR 170 wherein it is held: "Section 43B, read with section 36(1)(va) of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed on actual payment (Employees contribution) - Whether where an employer has not credited sum received by it as employees' contribution to employees' account in relevant fund on or before due date as p…

Rmp Bearings Ltd., Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-3(1)(2), Ahmedabad

In the result, the appeal of the assessee is rejected

ITA 3401/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2013-14
For Appellant: Shri P.M. Mehta, A.RFor Respondent: Shri Mudit Nagpal, Sr. D.R
Section 139(1)Section 143(2)Section 143(3)Section 2(24)(x)Section 36Section 36(1)(va)Section 43Section 43B

…ble high Court. On the other hand, ld. departmental representative has vehemently contended that ld. CIT(A) ‘s decision is justified after taking into consideration the decision of the hon’ble jurisdictional high court in the case of CIT vs. GSRTC reported in 366 ITR 170. 6. We have heard both the sides and perused the material on record carefully. The assessee has not deposited the contribution received from the employees under the provident fund act and the ESI Act within the due dates as prescribed under the provident Fund Act and the ESI Act amounting to Rs. 41,60,052/-. We consider that Hon’ble jurisdictiona…

Tulasi Seeds Private Limited, Guntur vs. CIT (Appeals)-1, Guntur

In the result, appeal filed by the assessee is allowed

ITA 25/VIZ/2018[2013-14]Status: DisposedITAT Visakhapatnam28 Nov 2018AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. Tulasi Seeds Pvt. Vs. Acit, Circle-2(1), Ltd., D.No.6-4-6, Tulasi Guntur. House, 4/5, Arundelpet, Guntur. Pan No. Aaact 8054 C (Appellant) (Respondent) Assessee By : Shri G.V.N. Hari – Advocate. Department By : Smt. Suman Malik – Sr.Dr Date Of Hearing : 13/11/2018. Date Of Pronouncement : 28/11/2018. O R D E R Per V. Durga Rao

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43BSection 6

…d that employees’ contribution to provident fund is allowed as deduction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. The Chipurupalli Rural Eletric Co-Operative Society Limited, Vizianagaram

In the result, both the appeals filed by the Revenue are dismissed

ITA 408/VIZ/2018[2013-14]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Smt. A. Aruna – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…d that employees’ contribution to provident fund is allowed as deduction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. The Chipurupalli Rural Eletric Co-Operative Society Limited, Visakhapatnam

In the result, both the appeals filed by the Revenue are dismissed

ITA 407/VIZ/2018[2011-12]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2011-12

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Smt. A. Aruna – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…d that employees’ contribution to provident fund is allowed as deduction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Eastern Power Distribution Company of Andhra Pradesh Limited, Visakhapatnam

In the result, appeal filed by the Revenue as well as C

ITA 405/VIZ/2018[2013-14]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleacit, Circle-3(1), Vs. M/S. Eastern Power Visakhapatnam. Distribution Company Of Andhra Pradesh Ltd., P & T Colony, Visakhapatnam. Pan No. Aaace 9876 B (Appellant) (Respondent) C.O.No. 104/Viz/2018 (Arising Out Of Ita No. 405/Viz/2018) (Asst. Year : 2013-14) M/S. Eastern Power Vs. Acit, Circle-3(1), Distribution Company Of Visakhapatnam. Andhra Pradesh Ltd., P & T Colony, Visakhapatnam. Pan No. Aaace 9876 B (Appellant) (Respondent) Assessee By : Shri G.V.N. Hari – Advocate. Department By : Smt. Suman Malik – Sr.Dr

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…duction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the C.O.No. 104/VIZ/2018 (M/s. Eastern Power Distribution Co. Ltd.) decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Eastern Power Distribution Company of Andhra Pradesh Limited, Visakhapatnam

In the result, appeal filed by the Revenue as well as Cross

ITA 403/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2014-15

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleacit, Circle-3(1), Vs. M/S. Eastern Power Visakhapatnam. Distribution Company Of Andhra Pradesh Ltd., P & T Colony, Seethammadhara, Visakhapatnam. Pan No. Aaace 9876 B (Appellant) (Respondent) C.O.105/Viz/2018 (Arising Out Of Ita No. 403/Viz/2018) (Asst. Year : 2014-15) M/S. Eastern Power Vs. Acit, Circle-3(1), Distribution Company Of Visakhapatnam. Andhra Pradesh Ltd., P & T Colony, Seethammadhara, Visakhapatnam. Pan No. Aaace 9876 B (Appellant) (Respondent) Assessee By : Smt. A. Aruna – Advocate. Department By : Smt. Suman Malik – Sr.Dr Date Of Hearing : 19/11/2018. Date Of Pronouncement : 22/11/2018. O R D E R Per V. Durga Rao

For Appellant: Smt. A. Aruna – AdvocateFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the C.O.No. 105/VIZ/2018 (M/s. Eastern Power Distribution Co. of A.P. Ltd.) decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Deputy Commissioner of Income Tax, Cirlce 3(1), Visakhapatnam vs. Fluentgrid Limited, Visakhapatnam

In the result, both the appeals filed by the Revenue are dismissed

ITA 250/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2014-15

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri A. Satya Dev – CAFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…d that employees’ contribution to provident fund is allowed as deduction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…

Deputy Commissioner of Income Tax, Cirlce 3(1), Visakhapatnam vs. Fluentgrid Limited, Visakhapatnam

In the result, both the appeals filed by the Revenue are dismissed

ITA 249/VIZ/2018[2013-14]Status: DisposedITAT Visakhapatnam22 Nov 2018AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri A. Satya Dev – CAFor Respondent: Smt. Suman Malik – Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…d that employees’ contribution to provident fund is allowed as deduction, if the same is deposited on or before the due date specified under the provisions of provident fund Act. The D.R. also relied upon the decision of Gujarat High Court, reported in (2014) 366 ITR 170, wherein the Hon’ble Gujarat High Court held that since assessee had not deposited said contribution to respective fund account on the date as prescribed in explanation to section 36(1)(va) of the Act, disallowance made by the A.O. was just and proper. Though, the D.R. relied upon certain judicial precedents which are in favour of the revenue, in…