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“Section 36(1)”

Section References (mined)Section 36Section 36(1)3,872 judgments

The decision most relied on for Section 36(1) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 36(1)

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

CIT v. Gujarat State Road Transport Corporation
366 ITR 170 · 2014 · High Court
1,158
citing judgments

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.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

Judgments citing Section 36(1)

M/S. Jsw Cement Ltd, Mumbai vs. Addl /CIT/Dy/ACIT/Income Tax, Mumbai

In the result, subject to the observations made/ directions given above, the appeal of the assessee is treated as allowed for statistical purposes

ITA 241/MUM/2022[2018-19]Status: DisposedITAT Mumbai12 Aug 2022AY 2018-19

Bench: Sri Sanjay Garg & Sri Om Prakash Kant

Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 37Section 43B

disallowance of Employees I.T.A. No. 241/Mum/2022 Assessment Year: 2018-19 M/s JSW Cement Ltd. Contribution to PF of Rs.30,49,649/- under Section 36(1)(va) of the Income Tax Act, 1961. 2. On the facts and circumstances of the case as well as in law, the Learned ... disallowed/added back a sum of Rs. 1,10,62,263/- on account of delayed deposit of employees contribution to PF and ESI under Section 36(1)(va) read with Section 2(24)(x) of the Income Tax Act, 1961 ( hereinafter referred to as the Act) despite the assessee contributing/depositing

Dy CIT Central Circle-4(2), Mumbai vs. M/S Sheth Creators P. Ltd., Mumbai

In the result, the appeals of the assessee and appeal of the In the result, the appeals of the assessee and appeal of the revenue are allowed for statistical purposes

ITA 2012/MUM/2020[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), Upper Basement, Site Office, 19Th Floor, Air India Building, Vasant Oasis, Cts No. 345A/1 To Vs. Nariman Point, 3, 345A 5, Makwana Road, Mumbai-400021. Andheri East, Mumbai-400059. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2014-15 Dy. Cit, Central Circle-4(2), M/S Sheth Creators Private Limited, Room No. 1918, 19Th Floor, 1203 & 1204 Hallmark Business Air India Building, Vs. Plaza, 12Th Floor, Sant Dyaneshwar Nariman Point, Marg, Kala-Nagar, Bandra (East), Mumbai-400021. Mumbai-400051. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2015-16 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), 101-A & 1202, 1St & 12Th Floor, 18Th Floor, Air India Building, Hallamark Business Plaza, Near Vs. Nariman Point, Gurunanak Hospital, Sant Mumbai-400021. Dyaneshwar Marg, Kalanagar

counsel of the assessee submitted that of the assessee submitted that amendment has been brought to amendment has been brought to section 36(1)(va) and section 4 section 36(1)(va) and section 43B of the Act by way of Finance by way of Finance Act, 2021, wherein payment ... issue in dispute and perused t dispute and perused the relevant material on record he relevant material on record. The amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1

Sheth Creators P. Ltd., Mumbai vs. Dy CIT Central Circle-4(2), Mumbai

In the result, the appeals of the assessee and appeal of the In the result, the appeals of the assessee and appeal of the revenue are allowed for statistical purposes

ITA 1858/MUM/2020[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), Upper Basement, Site Office, 19Th Floor, Air India Building, Vasant Oasis, Cts No. 345A/1 To Vs. Nariman Point, 3, 345A 5, Makwana Road, Mumbai-400021. Andheri East, Mumbai-400059. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2014-15 Dy. Cit, Central Circle-4(2), M/S Sheth Creators Private Limited, Room No. 1918, 19Th Floor, 1203 & 1204 Hallmark Business Air India Building, Vs. Plaza, 12Th Floor, Sant Dyaneshwar Nariman Point, Marg, Kala-Nagar, Bandra (East), Mumbai-400021. Mumbai-400051. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2015-16 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), 101-A & 1202, 1St & 12Th Floor, 18Th Floor, Air India Building, Hallamark Business Plaza, Near Vs. Nariman Point, Gurunanak Hospital, Sant Mumbai-400021. Dyaneshwar Marg, Kalanagar

counsel of the assessee submitted that of the assessee submitted that amendment has been brought to amendment has been brought to section 36(1)(va) and section 4 section 36(1)(va) and section 43B of the Act by way of Finance by way of Finance Act, 2021, wherein payment ... issue in dispute and perused t dispute and perused the relevant material on record he relevant material on record. The amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1

Sheth Creators Pvt. Ltd., Mumbai vs. Dy CIT Cent. Cir-4(2), Mumbai

In the result, the appeals of the assessee and appeal of the In the result, the appeals of the assessee and appeal of the revenue are allowed for statistical purposes

ITA 1857/MUM/2020[2017-18]Status: DisposedITAT Mumbai12 Aug 2022AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), Upper Basement, Site Office, 19Th Floor, Air India Building, Vasant Oasis, Cts No. 345A/1 To Vs. Nariman Point, 3, 345A 5, Makwana Road, Mumbai-400021. Andheri East, Mumbai-400059. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2014-15 Dy. Cit, Central Circle-4(2), M/S Sheth Creators Private Limited, Room No. 1918, 19Th Floor, 1203 & 1204 Hallmark Business Air India Building, Vs. Plaza, 12Th Floor, Sant Dyaneshwar Nariman Point, Marg, Kala-Nagar, Bandra (East), Mumbai-400021. Mumbai-400051. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2015-16 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), 101-A & 1202, 1St & 12Th Floor, 18Th Floor, Air India Building, Hallamark Business Plaza, Near Vs. Nariman Point, Gurunanak Hospital, Sant Mumbai-400021. Dyaneshwar Marg, Kalanagar

counsel of the assessee submitted that of the assessee submitted that amendment has been brought to amendment has been brought to section 36(1)(va) and section 4 section 36(1)(va) and section 43B of the Act by way of Finance by way of Finance Act, 2021, wherein payment ... issue in dispute and perused t dispute and perused the relevant material on record he relevant material on record. The amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1

Sheth Creators Pvt Ltd., Mumbai vs. Dy. CIT Central Circle 4(2), Mumbai

In the result, the appeals of the assessee and appeal of the In the result, the appeals of the assessee and appeal of the revenue are allowed for statistical purposes

ITA 3696/MUM/2019[2016-17]Status: DisposedITAT Mumbai12 Aug 2022AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), Upper Basement, Site Office, 19Th Floor, Air India Building, Vasant Oasis, Cts No. 345A/1 To Vs. Nariman Point, 3, 345A 5, Makwana Road, Mumbai-400021. Andheri East, Mumbai-400059. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2014-15 Dy. Cit, Central Circle-4(2), M/S Sheth Creators Private Limited, Room No. 1918, 19Th Floor, 1203 & 1204 Hallmark Business Air India Building, Vs. Plaza, 12Th Floor, Sant Dyaneshwar Nariman Point, Marg, Kala-Nagar, Bandra (East), Mumbai-400021. Mumbai-400051. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2015-16 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), 101-A & 1202, 1St & 12Th Floor, 18Th Floor, Air India Building, Hallamark Business Plaza, Near Vs. Nariman Point, Gurunanak Hospital, Sant Mumbai-400021. Dyaneshwar Marg, Kalanagar

counsel of the assessee submitted that of the assessee submitted that amendment has been brought to amendment has been brought to section 36(1)(va) and section 4 section 36(1)(va) and section 43B of the Act by way of Finance by way of Finance Act, 2021, wherein payment ... issue in dispute and perused t dispute and perused the relevant material on record he relevant material on record. The amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1

Sheth Creators Pvt Ltd., Mumbai vs. Dy. CIT Central Circle 4(2), Mumbai

In the result, the appeals of the assessee and appeal of the In the result, the appeals of the assessee and appeal of the revenue are allowed for statistical purposes

ITA 2620/MUM/2019[2015-16]Status: DisposedITAT Mumbai12 Aug 2022AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), Upper Basement, Site Office, 19Th Floor, Air India Building, Vasant Oasis, Cts No. 345A/1 To Vs. Nariman Point, 3, 345A 5, Makwana Road, Mumbai-400021. Andheri East, Mumbai-400059. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2014-15 Dy. Cit, Central Circle-4(2), M/S Sheth Creators Private Limited, Room No. 1918, 19Th Floor, 1203 & 1204 Hallmark Business Air India Building, Vs. Plaza, 12Th Floor, Sant Dyaneshwar Nariman Point, Marg, Kala-Nagar, Bandra (East), Mumbai-400021. Mumbai-400051. Pan No. Aapcs 2976 M Appellant Respondent Assessment Year: 2015-16 Sheth Creators Private Limited, Dy. Cit, Central Circle-4(2), 101-A & 1202, 1St & 12Th Floor, 18Th Floor, Air India Building, Hallamark Business Plaza, Near Vs. Nariman Point, Gurunanak Hospital, Sant Mumbai-400021. Dyaneshwar Marg, Kalanagar

counsel of the assessee submitted that of the assessee submitted that amendment has been brought to amendment has been brought to section 36(1)(va) and section 4 section 36(1)(va) and section 43B of the Act by way of Finance by way of Finance Act, 2021, wherein payment ... issue in dispute and perused t dispute and perused the relevant material on record he relevant material on record. The amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1)(va) and 43B has been held amendment made under section 36(1

Deputy Commissioner of Income Tax Circle- 4(3)(2), Mumbai vs. Skm Fabrics ( Amana ) Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 7027/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Aug 2022AY 2012-13

Bench: Shri Prashant Maharishi, Accountant, Member & Ms. Kavitha Rajagopaldcit, Circle-4(3)(2), Room No. 649, 6Th Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. ...... Appellant Vs. M/S Skm Fabrics (Amana) Ltd. 99, Niranjan, Ground Floor, Marine Lines, Mumbai-400002 Pan: Aafcs2660E ..... Respondent Appellant By : Sh. Hoshang B Irani (Dr) Respondent By : Sh. Yogesh Joijode Date Of Hearing : 24/05/2022 Date Of Pronouncement : 12/08/2022 Order Per Kavitha Rajagopal, J.M:

For Appellant: Sh. Hoshang B Irani (DR)For Respondent: Sh. Yogesh Joijode
Section 144Section 250Section 36(1)(iii)

erred in directing the AO to delete the disallowance of interest of Rs. 4,78,78,358/- under section 36(1)(iii) of the Act. 2. Brief facts of the case are that the assessee-company is engaged in the business of trading of locally manmade gray fabrics. The assessee ... Fabrics (Amana) Ltd. 3. Further to this, the AO had made addition of interest @ 15% amounting to Rs. 4,78,78,358/- under section 36(1)(iii) of the Act on the pretext that the assessee has given interest free loans and advances from the interest bearing borrowed funds

Asst CIT 18(1), Mumbai vs. Anand Keshav Shejwal, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 5516/MUM/2015[2012-13]Status: DisposedITAT Mumbai12 Aug 2022AY 2012-13

Bench: Shri G.S. Pannu & Shri Vikas Awasthy: A.Y : 2012-13 Asst. Commissioner Of Income Vs. Anand Keshav Shejwal Tax-18(1), Mumbai. (Appellant) 33/35, Ground Floor, Matru Vatsalya, 2Nd Fofal Wadi, Bhuleshwar, Mumbai 400 002. Pan : Aaatc7307E (Respondent)

For Appellant: Shri Mehul JainFor Respondent: Shri Vipul Joshi
Section 36(1)(iii)

appeal. In ground nos. 1 to 3 of appeal, the Revenue has assailed the findings of CIT(A) in restricting addition made under Section 36(1)(iii) of the Income Tax Act, 1961 (in short ‘the Act’) to Rs.5,91,365/- as against Rs.45,46,301/- made by the Assessing ... charge any interest from the aforesaid company. The ld. DR vehemently supported the findings of Assessing Officer for making the addition under Section 36(1)(iii) of the Act and placed reliance on the decision of Hon'ble Punjab & Haryana High Court in the case of CIT vs Kudu Industries

Apl Logistics P.Ltd, Mumbai vs. DCIT 14(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 2917/MUM/2015[2009-10]Status: DisposedITAT Mumbai12 Aug 2022AY 2009-10
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

Apl Logistics (India) P. Ltd, Mumbai vs. Asst CIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 6482/MUM/2013[2007-08]Status: DisposedITAT Mumbai12 Aug 2022AY 2007-08
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

Apl Logistics (India) P.Ltd, Mumbai vs. Asst CIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 6480/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Aug 2022AY 2008-09
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

DCIT 10(1), Mumbai vs. Apl Logistics (India) P. Ltd, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 6473/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Aug 2022AY 2008-09
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

DCIT 10(1), Mumbai vs. Apl Logistics (India ) P.Ltd, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 6471/MUM/2013[2007-08]Status: DisposedITAT Mumbai12 Aug 2022AY 2007-08
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

Apl Logistics (India) P. Ltd, Mumbai vs. ACIT 10(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4150/MUM/2010[2006-07]Status: DisposedITAT Mumbai12 Aug 2022AY 2006-07
Section 14ASection 36(1)(iii)Section 37(1)

only two issue raised in this appeal assailing the orders of CIT(A) i.e. (1) Disallowance of interest expenditure Rs.93,76,644/- under section 36(1)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and also rejection of alternate prayer of allowing interest expenditure under ... grounds of appeal deal with only two issues i.e. & 2917 M 15- APL Logistics (India) Pvt. Ltd. (1) Disallowance of interest expenditure under section 36(1)(iii)/under section 37(1) of the Act; and (2) Disallowance of interest under section 14A r.w.r 8D. FINDINGS: 7. Disallowance under section 36

Hemson Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 2(1)(2), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 1898/MUM/2022[2013-2014]Status: DisposedITAT Mumbai10 Aug 2022AY 2013-2014
Section 143(1)Section 36(1)(va)Section 44A

disallowance on account of delay in making the payment towards the employees’ contribution for the provident fund and ESI dues, under section 36(1)(va) r.w.s. 2(24)(x) of the Act, particularly when there are judgments of Hon’ble jurisdictional High Court permitting such a deduction. 2. When these ... delayed payment in column 20(b) were delayed payments of contributions received from the employees for various funds, as referred to in Section 36(1)(va) vis-à-vis the respective statute, but not vis-à-vis the provisions of the Income Tax Act. The judicial precedents in support

Hemson Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 2(1)(1), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 1897/MUM/2022[2012-13]Status: DisposedITAT Mumbai10 Aug 2022AY 2012-13
Section 143(1)Section 36(1)(va)Section 44A

disallowance on account of delay in making the payment towards the employees’ contribution for the provident fund and ESI dues, under section 36(1)(va) r.w.s. 2(24)(x) of the Act, particularly when there are judgments of Hon’ble jurisdictional High Court permitting such a deduction. 2. When these ... delayed payment in column 20(b) were delayed payments of contributions received from the employees for various funds, as referred to in Section 36(1)(va) vis-à-vis the respective statute, but not vis-à-vis the provisions of the Income Tax Act. The judicial precedents in support

M/S. Logicon Alternate Fuels Pvt. Ltd, Mumbai vs. Dy.Commissioner of Income Tax, CPC, Bangalore

In the result, all the appeals are allowed in the terms indicated above

ITA 1842/MUM/2022[2018-19]Status: HeardITAT Mumbai10 Aug 2022AY 2018-19
Section 143(1)Section 36(1)(va)Section 44A

disallowance on account of delay in making the payment towards the employees’ contribution for the provident fund and ESI dues, under section 36(1)(va) r.w.s. 2(24)(x) of the Act, particularly when there are judgments of Hon’ble jurisdictional High Court permitting such a deduction. 2. When these ... delayed payment in column 20(b) were delayed payments of contributions received from the employees for various funds, as referred to in Section 36(1)(va) vis-à-vis the respective statute, but not vis-à-vis the provisions of the Income Tax Act. The judicial precedents in support

K N Harish, Kushal Nagar vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, appeal of the assessee is allowed

ITA 555/BANG/2022[2018-19]Status: DisposedITAT Bangalore10 Aug 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 Shri. Kakalkoppa Ningappa Harish, Vs. Dcit, 11, Adithya Communications, Cpc, Mullusoge, Bengaluru. Kushal Nagar – 571 234. Pan : Abbph 7724 A Appellant Respondent Assessee By : Shri. S. Ramasubramanyam, Ca Revenue By : Shri. Ganesh R Ghale, Standing Counsel For Department. Date Of Hearing : 28.07.2022 Date Of Pronouncement : 10.08.2022 O R D E R

For Appellant: Shri. S. Ramasubramanyam, CAFor Respondent: Shri. Ganesh R Ghale, Standing Counsel for Department
Section 139Section 139(1)Section 2Section 28Section 36Section 36(1)(va)Section 43B

With regard to employee’s share of contribution to PF and ESI, the CIT(A) referred to the amendment made to section 36(1)(va) and 43B of the Act by the Finance Act, 2021. The Finance Act, 2021 has amended section 36, sub-section (1), in clause ... which the provisions of subclause (x) of clause (24) of section 2 applies. 6. The CIT(A) was of the view that Section 36(1)(va) and section 43B(b) operate on totally different footings and have different parameters for due dates, i.e., employee's contribution is linked to payment

Gem Properties Private Limited, Bangalore vs. The Income Tax Officer, Ward- 3(1)(2), Bangalore

In the result, appeal of the assessee is allowed

ITA 554/BANG/2022[2019-20]Status: DisposedITAT Bangalore10 Aug 2022AY 2019-20

Bench: Shri N. V. Vasudevanassessment Year : 2019-20 M/S. Gem Properties Pvt. Ltd., Vs. The Income Tax Officer, No.45, Industry House, Ward – 3(1)(2), Race Course Road, Bengaluru. Bengaluru – 560 001. Pan : Aaacg 4140 Q Appellant Respondent Assessee By : None Revenue By : Shri. Ganesh R Ghale, Standing Counsel For Department. Date Of Hearing : 28.07.2022 Date Of Pronouncement : 10.08.2022 O R D E R

For Appellant: NoneFor Respondent: Shri. Ganesh R Ghale, Standing Counsel for Department
Section 139Section 139(1)Section 2Section 28Section 36Section 36(1)(va)Section 43B

With regard to employee’s share of contribution to PF and ESI, the CIT(A) referred to the amendment made to section 36(1)(va) and 43B of the Act by the Finance Act, 2021. The Finance Act, 2021 has amended section 36, sub-section (1), in clause ... which the provisions of subclause (x) of clause (24) of section 2 applies. 6. The CIT(A) was of the view that Section 36(1)(va) and section 43B(b) operate on totally different footings and have different parameters for due dates, i.e., employee's contribution is linked to payment

M/S. Onmobile Global Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 5(1)(2), Bengaluru

In the result, both these appeals are partly allowed

ITA 2560/BANG/2019[2015-16]Status: DisposedITAT Bangalore10 Aug 2022AY 2015-16

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 14ASection 234BSection 244ASection 32

While 'computer' has not been defined in the Income Tax Act, 1961, the term 'Computer System' has been defined under Explanation (a) to section 36(1)(xi) of the Act as under : '(a) "computer system" means a device or collection of devices including input and output support devices and excluding