CIT v. Rajasthan State Beverages Corporation Ltd.

392 ITR 2High Court2017#493 most cited

What is CIT v. Rajasthan State Beverages Corporation Ltd. authority for?

Employee contributions to provident fund and ESI, if deposited before the due date for filing the return of income under section 139(1), are allowable deductions under section 36(1)(va) and cannot be disallowed. Such an adjustment is also not permissible summarily under section 143(1).

191

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Rajasthan State Beverages Corporation Ltd. · Section 36(1)(va) · employee contribution · PF ESI · due date return of income · Section 143(1) adjustment · allowability of employee contribution · SLP dismissed

Also reported as

250 Taxmann 32

Issues it is cited on

Judgments citing CIT v. Rajasthan State Beverages Corporation Ltd.

Karam Vir Yadav, Alwar vs. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre

ITA 96/JPR/2021[2019-20]Status: DisposedITAT Jaipur22 Nov 2021AY 2019-20

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 96/Jp/2021 Assessment Year: 2019-20 Karam Vir Yadav Cuke Cit(A), Vs. M/S Shashank Engg. Works, Nfac. 191, M.I.A., Alwar-301001. Pan No.: Aabpy 1852 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri J.P. Garg (Ca) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 22/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Dated 28/06/2021 For The A.Y. 2019-20. Following Ground Has Been Taken By The Assessee: “ On The Facts Of The Case & As Per Law, The Learned Cit(A) Erred In Upholding Addition Made By The Assessing Officer In The Returned Income While Processing Of Income Tax Return, U/S 143(1) Of The Income Tax Act Amounting Rs. 1,14,148/- For Delay In Deposit Of Employees Contribution To Pf & Esi On Due Date Of The Respective Act Which Is Unjustified & Unlawful As It Was Deposited Before The Due Date Of Filing It Return U/S 139(1) Of The Income Tax Act, 1961. This Was Also Allowed By Hon’Ble Itat, Jaipur & Hon’Ble High Court Of Rajasthan, Hon’Ble Itat Of 2

For Appellant: Shri J.P. Garg (CA)For Respondent: Shri A.S. Nehra (Addl.CIT)
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)

…come, no disallowance U/s 36(1)(va) of 3 ITA 96/JP/2021_ Karam Vir Yadav vs. ACIT(A) NFAC the Act can be made and in support, reliance was placed on the Hon’ble Rajasthan High Court decision in case of CIT vs. Rajasthan State Beverages Corporation Ltd. (2017) 392 ITR 2 and CIT vs. State Bank of Bikaner and Jaipur (2014) 43 taxmann.com 411. It was further submitted that the recently Jaipur Benches of the Tribunal has also taken a similar view in case of Sohan Lal Tambi vs. ITO (in ITA No. 40/JP/2021 dated 16.08.2021) and K.P. Airtech vs. DCIT (in ITA No. 41 &42/JP/2021 dated 16.08.2021). It was further submitted t…