Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd.

269 ITR 285High Court2004#548 most cited

What is Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd. authority for?

Employee contributions towards ESI and PF are allowable as a deduction if paid by the due date for filing the income tax return, even if paid after the statutory due dates prescribed under the respective ESI/PF Acts.

176

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2023.

Also referred to as

CIT v. Jairam & Sons · 269 ITR 285 · ESI contribution deduction · PF contribution deduction · employee contributions · Section 36(1)(va) · Section 43B · due date for payment · income tax return due date · allowability of deduction

Judgments citing Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd.

Kitty Industries Private Limited, Ludhiana vs. DCIT, Circle-III, Ludhiana

In the result, both the appeals of the assessees are allowed

ITA 30/CHANDI/2022[2018-19]Status: DisposedITAT Chandigarh28 Mar 2022AY 2018-19

Bench: The Due Date Of Filing Return Of Income U/S 139(1) Of The Income Tax Act, 1961. 2. That The Said Disallowance As Confirmed By The Cit(A) Is Against The Judgment Of The Jurisdictional Bench Of The Itat, Chandigarh Bench In The Case Of M/S. Mohan Bakery In Ita No. 273/2021 Pronounced On 02.12.2021 & The Judgment In The Case Of Sirsa Cooperative Marketing-Cum Processing Lc Society, Sirsa In Ita No. 274/2021 Pronounced On 02.12.2021. 3. That The Appellant Craves Leave To Add, Amend, Or Alter Any Of The Above Grounds Of Appeal Before Or During The Course Of Appellate Proceedings.

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Priyanka Dhar, Sr. DR
Section 139(1)Section 36(1)(va)

…15] 378 ITR 443(Ker) (ii) CIT vs. Gujarat State Road Transport Corporation (2014) 366 ITR 170 (Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT vs. GTN Textiles Ltd. (2004) 269 ITR 282 (Ker) (v) CIT vs. Jairam& Sons [2004] 269 ITR 285 (Ker) The impugned ESI/PF disallowance is directed to be deleted therefore.” 10. On an identical issue, this Bench of the Tribunal vide order dated 12.8.2021 in the case of Mohangarh Engineers and Construction Company, Jodhpur & Others vs CPC, Banglore in ITA No. 5/Jodh/2021 and others held vide para 13 to 18 as under:- “13. We have heard the riv…