Essae Teraoka Pvt. Ltd. v. DCIT

366 ITR 408High Court2014#128 most cited

What is Essae Teraoka Pvt. Ltd. v. DCIT authority for?

An employer's delayed remittance of employees' contributions to provident fund (PF) or Employees' State Insurance (ESI) is deductible if the payment is made before the due date for filing the income tax return under section 139(1), applying the provisions of section 43B and notwithstanding section 36(1)(va).

519

judgments rely on this decision, according to BharatTax’s citation analysis of 367,164 Indian tax judgments — from 2016 to 2026.

Also referred to as

Essae Teraoka Pvt. Ltd. · 366 ITR 408 · employees contribution to PF ESI · section 36(1)(va) · section 43B · due date for filing return · section 139(1) · belated deposit employees contribution · deductibility of PF ESI · disallowance provident fund ESI

Also reported as

222 Taxmann 17032 Taxmann.com 33

Sections most often in play

Section 36(1)(va)Section 234BSection 234CSection 143(1)Section 143(1)(a)Section 43BSection 143(3)Section 139(1)

Issues it is cited on

employees contribution to pfsection 2(24)(x)section 36(va)section 43b(b)section 2(24)section 36(1)(va)section 43bsection 43extension of limitationsection 36assistant directorsection 36(1)

Judgments citing Essae Teraoka Pvt. Ltd. v. DCIT

Sandhya Aqua Exports Pvt Ltd, Visakhapatnam vs. Deputy Commissioner/Assistant Commissioner of Income Tax, Circle 4(1), Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 203/VIZ/2021[2019-20]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2019-20

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No. 203/Viz/2021 (निर्धारण वर्ा/Assessment Year : 2019-20) Sandhya Aqua Exports Pvt. Ltd.Mig- Vs. Dy.Commissioner / 25 A, Lawsons Bay Colony Asst.Commissioner Of Visakhapatnam Income Tax, Circle-4(1) Visakhapatnam [Pan : Aajcs2286C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : None प्रत्यधथी की ओर से / Respondent By : Shri Spg Mudaliar, Dr सुिवधई की तधरीख / Date Of Hearing : 03.02.2022 16.02.2022 घोर्णध की तधरीख/Date Of Pronouncement : आदेश /O R D E R Per Shri Duvvuru Rl Reddy:

For Appellant: NoneFor Respondent: Shri SPG Mudaliar, DR
Section 139(1)Section 143(1)

…gh Court in the 5 Sandhya Aqua Exports Pvt. Ltd, Visakhapatnam case of Essae Teraoka (P) Ltd. Vs. DCIT (supra), wherein, the Hon’ble Karnataka High Court viewed as follows : “8. The Hon’ble Karnataka High Court, in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 took the view that the word contribution occurring in section 43B of the Act would include employees’ contribution to PF in the light of the definition of the word contribution as per the provisions of section 2(c) of the PF Act. As per the said section, contribution would mean both employer’s contribution and employees’ contribution. Accordingly…

Cosmic Power Systems Private Limited, Visakhapatnam vs. Deputy Commissioner of Income Tax, Circle-1(1), Visakhapatnam

In the result, both the appeals filed by the assessee are partly allowed

ITA 188/VIZ/2021[2019-20]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2019-20

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

For Appellant: Shri G.V.N. Hari, AdvocateFor Respondent: Shri S.P.G. Kudaliar, Sr.DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 43B

…due date of filing the return of income. In the case of APEPDCL in I.T.A.No.609/V/2014 dated 29.07.2016, the coordinate bench of ITAT, Visakhapatnam after considering the decision of Hon’ble Karnataka High Court in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 and the decision of (M/s. Cosmic Power systems Pvt. Ltd.) coordinate bench of ITAT Hyderabad in the case of Tetra Soft (India) Pvt. Ltd. Vs. ACIT (2015) 40 ITR (Trib) 470 and also taking support from the decision of Hon’ble Supreme Court in the case of CIT Vs. M/s Vegetables Products Ltd., 88 ITR 192, decided the issue in favour of the assessee.…

Cosmic Power Systems Private Limited, Visakhapatnam vs. Deputy Commissioner of Income Tax, Circle-1(1), Visakhapatnam

In the result, both the appeals filed by the assessee are partly allowed

ITA 187/VIZ/2021[2018-19]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2018-19

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

For Appellant: Shri G.V.N. Hari, AdvocateFor Respondent: Shri S.P.G. Kudaliar, Sr.DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 43B

…due date of filing the return of income. In the case of APEPDCL in I.T.A.No.609/V/2014 dated 29.07.2016, the coordinate bench of ITAT, Visakhapatnam after considering the decision of Hon’ble Karnataka High Court in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 and the decision of (M/s. Cosmic Power systems Pvt. Ltd.) coordinate bench of ITAT Hyderabad in the case of Tetra Soft (India) Pvt. Ltd. Vs. ACIT (2015) 40 ITR (Trib) 470 and also taking support from the decision of Hon’ble Supreme Court in the case of CIT Vs. M/s Vegetables Products Ltd., 88 ITR 192, decided the issue in favour of the assessee.…

Systematic Enterprises, Visakhapatnam vs. Income-Tax Officer, Ward-3(1), Visakhapatnam

In the result, both the appeals filed by the assessee are allowed

ITA 185/VIZ/2021[2019-20]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2019-20

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

For Appellant: Shri I.Kama Sastry, CAFor Respondent: Shri S.P.G. Mudaliar, Sr.DR
Section 139(1)Section 143(1)(a)Section 154Section 36(1)(va)

…due date of filing the return of income. In the case of APEPDCL in I.T.A.No.609/V/2014 dated 29.07.2016, the coordinate bench of ITAT, Visakhapatnam after considering the decision of Hon’ble Karnataka High Court in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 and the decision of coordinate bench of ITAT Hyderabad in the case of Tetra Soft (India) Pvt. Ltd. Vs. ACIT (2015) 40 ITR (Trib) 470 and also taking (Systematic Enterprises) support from the decision of Hon’ble Supreme Court in the case of CIT Vs. M/s Vegetables Products Ltd., 88 ITR 192, decided the issue in favour of the assessee. For the sak…

Systematic Enterprises, Visakhapatnam vs. Income-Tax Officer, Ward-3(1), Visakhapatnam

In the result, both the appeals filed by the assessee are allowed

ITA 184/VIZ/2021[2018-19]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2018-19

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

For Appellant: Shri I.Kama Sastry, CAFor Respondent: Shri S.P.G. Mudaliar, Sr.DR
Section 139(1)Section 143(1)(a)Section 154Section 36(1)(va)

…due date of filing the return of income. In the case of APEPDCL in I.T.A.No.609/V/2014 dated 29.07.2016, the coordinate bench of ITAT, Visakhapatnam after considering the decision of Hon’ble Karnataka High Court in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 and the decision of coordinate bench of ITAT Hyderabad in the case of Tetra Soft (India) Pvt. Ltd. Vs. ACIT (2015) 40 ITR (Trib) 470 and also taking (Systematic Enterprises) support from the decision of Hon’ble Supreme Court in the case of CIT Vs. M/s Vegetables Products Ltd., 88 ITR 192, decided the issue in favour of the assessee. For the sak…

Eisai Pharmaceuticals India Private Limited, Visakhapatnam vs. Deputy Commissioner of Income Tax, Circle 4(1), Visakhapatnam

In the result, appeal filed by the assessee is allowed

ITA 158/VIZ/2021[2017-18]Status: DisposedITAT Visakhapatnam16 Feb 2022AY 2017-18

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

For Appellant: Shri Y.Surya Chandrarao, CAFor Respondent: Shri Mudaliar, Sr.DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

…due date of filing the return of income. In the case of APEPDCL in I.T.A.No.609/V/2014 dated 29.07.2016, the coordinate bench of ITAT, Visakhapatnam after considering the decision of Hon’ble Karnataka High Court in the case of Essae Teraoka (P) Ltd. Vs. DCIT 366 ITR 408 and the decision of (Eisai Pharmaceuticals India Pvt. Ltd.) coordinate bench of ITAT Hyderabad in the case of Tetra Soft (India) Pvt. Ltd. Vs. ACIT (2015) 40 ITR (Trib) 470 and also taking support from the decision of Hon’ble Supreme Court in the case of CIT Vs. M/s Vegetables Products Ltd., 88 ITR 192, decided the issue in favour of the assesse…

Pragati Fashions P. Ltd., Mumbai vs. Dycti (CPC), Bangalore

In the result, assessee’s appeal is allowed

ITA 569/MUM/2021[2018-19]Status: DisposedITAT Mumbai16 Feb 2022AY 2018-19

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalepragati Fashions P Ltd., Vs. Dycti (Cpc) F.P.No. 455, Shree 1 St Floor, Prestige Sadguru Heights, Alpha, Bhavani Shankar Road, Beratenagrahara, Dadar (W) Hosur Road, Uttahalli Mumbai-400028. Hobli,Bangalore- 560100 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp1730H Appellant .. Respondent Appellant By : Shri. Girish Dave.Sr.Counsel Respondent By : Shri. S.G. Menon.Sr. Dr Date Of Hearing 07.02.2022 Date Of Pronouncement 21.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Shri. Girish Dave.Sr.CounselFor Respondent: Shri. S.G. Menon.Sr. DR
Section 143(1)Section 143(3)Section 36(1)(va)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Pragati Fashions P Ltd., Vs. DYCTI (CPC) F.P.No. 455, Shree 1 st Floor, Prestige Sadguru Heights, Alpha, Bhavani Shankar Road, Beratenagrahara, Dadar (W) Hosur Road, Uttahalli Mumbai-400028. Hobli,Bangalore- 560100 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACCP1730H Appellant .. Respondent Appellant by : Shri. Girish Dave.Sr.Counsel Respondent by : Shri. S.G. Menon.Sr. DR Date of Hearing 07.02.2022 Date of Pronouncement 21.02.2022 आदेश / O R D E R PER PAVAN KUMAR GAD…

Ot Privacy Software Private Limited, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

In the result, both the appeals filed by the assessee are allowed

ITA 755/BANG/2021[2019-20]Status: DisposedITAT Bangalore15 Feb 2022AY 2019-20

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaran

For Appellant: Shri Mohammed Amir, C.A ( A.R.)For Respondent: Shri Sumer Singh Meena, CIT-D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…he material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was 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. Gujar…

Ot Privacy Software Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, both the appeals filed by the assessee are allowed

ITA 754/BANG/2021[2018-19]Status: DisposedITAT Bangalore15 Feb 2022AY 2018-19

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaran

For Appellant: Shri Mohammed Amir, C.A ( A.R.)For Respondent: Shri Sumer Singh Meena, CIT-D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…he material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was 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. Gujar…

M/S. Jesmajo Industrial Fabrications Karnataka Private Limited, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 751/BANG/2021[2017-18]Status: HeardITAT Bangalore11 Feb 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2017-18

For Appellant: Shri R.E. Balasubramaniyan, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…he material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was 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. Gujar…

Kasthuri Medias Private Limited, Bengaluru vs. The Additional Director of Income Tax, CPC, Bengaluru

In the result, the appeal by the assessee is allowed

ITA 752/BANG/2021[2019-20]Status: DisposedITAT Bangalore10 Feb 2022AY 2019-20

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2019-20

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri Sri Priyadarshi Mishra, Addl.CIT(DR)(ITAT)
Section 139Section 139(1)Section 143(1)Section 2Section 36(1)(va)Section 43BSection 6

…of the Act and it is not hit by explanation 2 to sec.36(1)(va) of the Act which calls for payment within the due date prescribed under the relevant Act. For this purpose he relied on the judgment in the case of Essac Teraoka Page 3 of 9 (P.) Ltd. v. Dy. CIT 366 ITR 408 (Kar.), wherein it has held as under: “15. From bare perusal of this provision, it is clear that under the provision, for IT Act, an extension is given to the employer to make payment of contribution to provident fund or any other fund till the "due date" applicable for furnishing the return of income under sub- section(1) of section 139 of the I…

C Krishniah Chetty & Sons Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 748/BANG/2021[2019-20]Status: DisposedITAT Bangalore10 Feb 2022AY 2019-20

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2019-20

For Appellant: Shri Sachin Mehta, ARFor Respondent: Shri Sri Priyadarshi Mishra, Addl.CIT(DR)(ITAT)
Section 139Section 139(1)Section 143(1)Section 2Section 36(1)(va)Section 43BSection 6

…u/s 36(1)(va) of the Act and it is not hit by explanation 2 to sec.36(1)(va) of the Act which calls for payment within the due date prescribed under the relevant Act. For this purpose he relied on the judgment in the case of Essac Teraoka (P.) Ltd. v. Dy. CIT 366 ITR 408 (Kar.), wherein it has held as under: “15. From bare perusal of this provision, it is clear that under the provision, for IT Act, an extension is given to the employer to make payment of contribution to provident fund or any other fund till the "due date" applicable for furnishing the return of income under sub- section(1) of section 139 of the I…

S & G Lifestyles, Bangalore vs. The Deputy Commissioner of Income Tax, CPC, Bengaluru

In the result, both the appeals by the assessee are allowed

ITA 745/BANG/2021[2019-20]Status: DisposedITAT Bangalore10 Feb 2022AY 2019-20

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Sridhar, V., ARFor Respondent: Shri Sri Priyadarshi Mishra, Addl.CIT(DR)(ITAT)
Section 139Section 139(1)Section 36(1)(va)Section 43B

…u/s 36(1)(va) of the Act and it is not hit by explanation 2 to sec.36(1)(va) of the Act which calls for payment within the due date prescribed under the relevant Act. For this purpose he relied on the judgment in the case of Essac Teraoka (P.) Ltd. v. Dy. CIT 366 ITR 408 (Kar.), wherein it has held as under: “15. From bare perusal of this provision, it is clear that under the provision, for IT Act, an extension is given to the employer to make payment of contribution to provident fund or any other fund till the "due date" applicable for furnishing the return of income under sub- section(1) of section 139 of the I…

S & G Lifestyles, Bangalore vs. The Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, both the appeals by the assessee are allowed

ITA 744/BANG/2021[2018-19]Status: DisposedITAT Bangalore10 Feb 2022AY 2018-19

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Sridhar, V., ARFor Respondent: Shri Sri Priyadarshi Mishra, Addl.CIT(DR)(ITAT)
Section 139Section 139(1)Section 36(1)(va)Section 43B

…u/s 36(1)(va) of the Act and it is not hit by explanation 2 to sec.36(1)(va) of the Act which calls for payment within the due date prescribed under the relevant Act. For this purpose he relied on the judgment in the case of Essac Teraoka (P.) Ltd. v. Dy. CIT 366 ITR 408 (Kar.), wherein it has held as under: “15. From bare perusal of this provision, it is clear that under the provision, for IT Act, an extension is given to the employer to make payment of contribution to provident fund or any other fund till the "due date" applicable for furnishing the return of income under sub- section(1) of section 139 of the I…

M/S. R.R. Forgings Private Limited, Bengaluru vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 735/BANG/2021[2019-20]Status: DisposedITAT Bangalore10 Feb 2022AY 2019-20

Bench: Shri N.V.Vasudevan, Vp & Ms.Padmavathy S, Am

For Appellant: Sri.Vishal S.RaoFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 139(1)Section 143(1)Section 2Section 234ASection 234BSection 234CSection 36Section 36(1)(va)Section 43B

…ted. employees’ contribution to PF and ESI having regard to the provisions of section 43B of the I.T.Act. In this context, the assessee relied on the judgment of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, reported in 366 ITR 408 (Kar.). The CIT(A), however, rejected the appeal of the assessee. The CIT(A) noticed the difference between employer and employee contribution to PF and ESI and held that only employers contribution to PF and ESI is entitled to deduction u/s 43B of the I.T.Act, if the same is paid prior to due date of filing of return of income u/s 139(1) of the…

M/S. Cadopt Technologies Private Limited, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 726/BANG/2021[2019-20]Status: DisposedITAT Bangalore10 Feb 2022AY 2019-20

Bench: Shri N.V.Vasudevan, Vp & Ms.Padmavathy S, Am

For Appellant: Sri.R.E.Balasubramaniyam, CAFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 3Section 36Section 36(1)(va)Section 43B

…e material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was 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. Gujar…

Alert Detective Force, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

ITA 740/BANG/2021[2019-20]Status: HeardITAT Bangalore09 Feb 2022AY 2019-20

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2019-20

For Appellant: Shri Mahesh G., A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…he material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of employees' contribution to ESI provided the payment was 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. Gujar…

Yenepoya Food and Beverages India Private Limited, Mangaluru vs. Income Tax Officer, Ward- 1(2), Mangalore

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

ITA 567/BANG/2021[2018-19]Status: DisposedITAT Bangalore09 Feb 2022AY 2018-19

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.Anil D’souzaFor Respondent: Sri.Kiran D, Addl.CIT-DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 36Section 36(1)(va)Section 43B

…n of employees’ contribution to PF and ESI having regard to the provisions of section 43B of the I.T.Act. In this context, the assessee relied on the judgment of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, reported in 366 ITR 408 (Kar.). The CIT(A), however, rejected the appeal of the assessee. The CIT(A) noticed the difference between employer and employee contribution to PF and ESI and held that only employers contribution to PF and ESI is entitled to deduction u/s 43B of the I.T.Act, if the same is paid prior to due date of filing of return of income u/s 139(1) of the…

M/S. Loka Shikshana Trust, Hubli vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 718/BANG/2021[2019-20]Status: DisposedITAT Bangalore07 Feb 2022AY 2019-20

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2019-20 M/S. Loka Shikshana Trust, The Assistant Post Box No. 30, Director Of Income Samyukta Karnataka, Tax, Koppikar Road, Cpc, Hubli – 580 020. Bangalore Vs. Pan: Aaatl1086H Appellant Respondent Assessee By : Shri Ashok Kumar, Ca : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 07-02-2022 Date Of Pronouncement : 07-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 25.10.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2019-20 On Following Grounds Of Appeal: “1. That, The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, In So Far As Is Prejudicial To The Interests Of The Appellant, Is Bad & Erroneous In Law & Against The Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income Tax (Appeals), Nfac Is Erred In Fact & In Law In Confirming The Action Of The Assessing Officer Of Adding The Amount Of Delayed

For Appellant: Shri Ashok Kumar, CA
Section 139(1)Section 143(1)Section 36Section 36(1)(va)Section 43B

…apply in relation the assessment year 2021-22 and subsequent years. 4. The learned Commissioner of Income Tax (Appeals), NFAC is erred in in law by not following the decisions of jurisdictional High Court in the case of ESSAE TERAOKA PRIVATE LIMITED Vs DC1T (366 ITR 408) (Karnataka HO, Cll' Vs Sabari Enterprises, (2008) (298 ITR 141 (Karnataka HC) and other judicial precedences. 5. For these and other grounds of appeal which may be taken at the time of hearing, it is prayed that the Order of Commissioner of Income Tax (Appeals) in so far as it relates to the above grounds, the additions made in the order of asse…

Asia Seeds India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, CPC), Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 715/BANG/2021[2019-20]Status: DisposedITAT Bangalore07 Feb 2022AY 2019-20

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri.Rajkumar Ganeriwala, CAFor Respondent: Sri.Priyadarshi Mishra, Addl.CIT-DR
Section 139(1)Section 143(1)Section 36Section 36(1)(va)Section 43B

…e material on record. Admittedly, the assessee has remitted the employees' contribution to ESI before the due date for filing of return u/s 139(1) of the I.T.Act. The Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT reported in 366 ITR 408 (Kar.) has categorically held that the assessee would be entitled to deduction of 4 ITA Nos.714-715/Bang/2021 M/s.Asia Seed India (P) Ltd. employees' contribution to ESI provided the payment was 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 t…