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 366,416 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.

Shashi Rajawat, Jaipur vs. Commissioner of Income Tax, NFAC, Delhi

ITA 81/JPR/2021[2018-19]Status: DisposedITAT Jaipur12 Oct 2021AY 2018-19

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 81/Jp/2021 Assessment Year: 2018-19 Shashi Rajawat, Cuke I.T.O., Vs. 58, Ambabari Shopping Centre, Ward 4(2), Ambabari, Jaipur-302023. Jaipur Pan No.: Abupr 2195 J Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Neeraj Rathore (Ca) Jktlo Dh Vksj Ls@ Revenue By :Shri B.K. Gupta (Pcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 05/10/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12/10/2021 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 23/07/2021 For The A.Y. 2018-19. Following Grounds Have Been Taken By The Assessee: “1. That The Ld. Cit(A) Nfac Erred In Disallowing The Pf & Esi Payments Amounting To Rs. 97,290/- Deposited Before The Due Date Of Filing Of The Return During The Year. 2. That The Order Passed By The Ld. Ao Is Bad In Law As Well As On Facts. 3. That The Petitioner Craves To Add, Alter Or Amend Any Or All Of The Grounds Of Appeal On Or Before The Due Date.”

For Appellant: Shri Neeraj Rathore (CA)For Respondent: Shri B.K. Gupta (PCIT)
Section 143(1)Section 143(1)(a)Section 36(1)(va)

…turn of income, no disallowance U/s 36(1)(va) of 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 3 ITA 81/JP/2021_ Shashi Rajawat Vs ITO 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…

M/S Bhivaram Pannalal Kumawat, Jaipur vs. ACIT, Central Circle-3, Jaipur

ITA 76/JPR/2021[2018-19]Status: DisposedITAT Jaipur12 Oct 2021AY 2018-19

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 76/Jp/2021 Assessment Year: 2018-19 M/S Bhivaram Pannalal Kumawat, Cuke D.C.I.T., Vs. 602, Elements Mall, Dcm, Ajmer Cpc, Road, Jaipur. Bengaluru. Pan No.: Aabfb 3002 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Jktlo Dh Vksj Ls@ Revenue By :Shri B.K. Gupta (Pcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 05/10/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12/10/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Cit(A)-4, Jaipur Dated 29/06/2021 For The A.Y. 2018-19. Following Grounds Have Been Taken By The Assessee: “1. The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Addition Of Rs. 12,50,413/- U/S 36(1)(Va) On Account Of Delayed Payment Of Employees Contribution Towards Pf & Esi. She Has Further Erred In Making The Addition By Not Following The Decision Of Jurisdictional High Court. 2. The Appellant Craves To Alter, Amend & Modify Any Ground Of Appeal. 3. Necessary Cost Be Awarded To The Assessee.”

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (PCIT)
Section 143(1)Section 143(1)(a)Section 36(1)(va)

…no disallowance U/s 36(1)(va) of 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 3 ITA 76/JP/2021_ M/s Bhivaram Pannalal Kumawat Vs DCIT 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…