← All Phrases

“statutory dues”

DisallowancesSection 43BSection 43B297 judgments

The decision most relied on for statutory dues is CIT v. Alom Extrusion Ltd. (390 ITR 306), cited in 274 judgments on BharatTax.

Leading authorities on statutory dues

CIT v. Alom Extrusion Ltd.
390 ITR 306 · 2009 · Supreme Court
274
citing judgments

The amendment to the second proviso of Section 43B, introduced by the Finance Act, 2003, is curative in nature and applies retrospectively. This means employee contributions to welfare funds like ESI and PF are deductible if paid before the due date for filing the income tax return, even if paid beyond the statutory due date.

CIT v. Hindustan Organic Chemicals Limited
366 ITR 1 · 2014 · High Court
206
citing judgments

Employees' contribution towards Provident Fund (PF) and Employees' State Insurance Corporation (ESIC) is allowable as a deduction under Section 36(1)(va) read with Section 43B if deposited before the due date of filing the income tax return, even if deposited after the expiry of the statutory time period specified in the applicable fund's statute.

Kalpesh Synthetics (P.) Ltd. v. DCIT
137 Taxmann.com 475 · 2022 · ITAT
198
citing judgments

A deduction claimed under Section 36(1)(va) for employee contributions remitted after the statutory due date but before the return filing due date cannot be disallowed during intimation processing under Section 143(1) if the issue is debatable. Such a disallowance cannot be made automatically based solely on auditor's mention of actual vs. due dates in the tax audit report.

Ghanashyam Mishra And Sons. v. Edelweiss Asset Reconstruction
126 Taxmann.com 132 · 2021 · Supreme Court
192
citing judgments

Once a resolution plan is approved under Section 31(1) of the IBC, claims not included in the plan are extinguished and cannot be pursued. This applies to statutory dues owed to the government and other authorities.

Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd.
269 ITR 285 · 2004 · High Court
176
citing judgments

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.

Bharat Commerce Industries Ltd. v. CIT
230 ITR 733 · 1998 · Supreme Court
130
citing judgments

The Supreme Court holds that interest paid under Section 201(1A) of the Income-tax Act, for failure to deduct tax at source, is not an allowable business expenditure under Section 37(1) of the Act.

Lachmandas Mathura v. CIT
254 ITR 799 · 2002 · Supreme Court
119
citing judgments

Interest paid on delayed payment of statutory dues, such as sales tax, service tax, TDS, and GST, is compensatory in nature rather than penal. Consequently, such interest is an allowable deduction in computing business profits.

CIT v. Noble and Hewitt (I) P. Ltd.
305 ITR 324 · 2008 · High Court
109
citing judgments

Section 43B of the Income-tax Act does not apply to disallow an amount (such as statutory dues like service tax or GST) if it has not been debited to the Profit & Loss account and no deduction for it has been claimed by the assessee.

Judgments citing statutory dues

Dy. Commissioner of Income Tax Central Cir.-2, Surat vs. Sumeet Industries Ltd., Surat

ITA 120/SRT/2021[2015-16]Status: DisposedITAT Surat13 Mar 2023AY 2015-16

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./It(Ss)A No. 38/Srt/2021 "नधा"रण वष"/Assessment Year: (2014-15) (Virtual Court Hearing) Sumeet Industries Ltd., Vs. The Dcit, Central Circle-2, 504, Trividh Chambers, Opp. Fire Surat. Station, Ring Road, Surat-395002. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./It(Ss)A No. 46/Srt/2021 "नधा"रण वष"/Assessment Years: (2012-13) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./It(Ss)A No. 47/Srt/2021 "नधा"रण वष"/Assessment Year: (2014-15) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./Ita No. 120/Srt/2021 "नधा"रण वष"/Assessment Years: (2015-16) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B

Section 143(3)Section 156ASection 31Section 31(1)Section 61

therefore will be effective from the date on which I&B Code has come in effect. It was also held that all dues including statutory dues owed by the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished ... process. Therefore, we note that section 14 of I & B code, 2016, is a self-explanatory provision. Hence, we note that the claims including statutory dues owned to the Central Government any State Government, if not part of resolution plan is also extinguished and no proceeding in respect of such

The Azad Nakodar Bus Service Private Limited, Nakodar vs. Deputy Commssioner of Income Tac Circl-4E, Jalandhar

In the result, appeal of the assessee is dismissed

ITA 107/ASR/2022[2018-19]Status: DisposedITAT Amritsar20 Feb 2023AY 2018-19

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 40(3)Section 40A(3)

only due to depositing these payments of special road tax, employees benefit PF & ESI in time by adopting these means of payment of Statutory dues, taxes. There are so many Judgments in favour of assessee by Hon’ble Courts where the disallowances under section 40A(3) of the Act dismissed

Maruti Suzuki India Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 961/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Feb 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

both the provisions. The intent of section 43B of the Act is clear thereby, the payment is related to a particular year of the statutory dues and then only such payments are allowable. 32. We have heard Ld. Authorized Representatives of the parties and perused the material available on record ... short question that arises in this case is that whether deduction u/s 43B of the Act, is allowable to the assessee even if the statutory dues related to 31 | P a g e custom duty and sales tax are paid under protest. As per clause (a) of section

DCIT, New Delhi vs. M/S. Maruti Suzuki India Ltd., New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 1507/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Feb 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

both the provisions. The intent of section 43B of the Act is clear thereby, the payment is related to a particular year of the statutory dues and then only such payments are allowable. 32. We have heard Ld. Authorized Representatives of the parties and perused the material available on record ... short question that arises in this case is that whether deduction u/s 43B of the Act, is allowable to the assessee even if the statutory dues related to 31 | P a g e custom duty and sales tax are paid under protest. As per clause (a) of section

M/S. B.C.Bhuyan Constructions Pvt. Ltd., Bhubaneswar vs. DCIT, Circle-2(1), Bhubaneswar

In the result, both the appeals of the assessee stand partly allowed

ITA 446/CTK/2017[2010-11]Status: DisposedITAT Cuttack19 Jan 2023AY 2010-11

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year :2010-2011 2011

For Appellant: S/Shri P.C.Sethi/Ashok Kumar Moharana, ARsFor Respondent: Shri M.K.Gautam, CIT DR/Shri S.C.Mohanty, Sr DR

total disallowance of Rs.3.11 crores, Rs.2.42 crores related to the trade creditors and the balance was in respect of the statutory dues, which have been paid before the due date of filing of the return. It was the submission that the ld CIT(A) failed to consider that the sundry ... sundry creditors of Rs.2.42 crores is in fact trade creditors. Further, the balance of sundry creditors as shown in the balance sheet are only statutory dues, which have also been paid before the due date of filing of the return. This being so, as the books of account have already

DCIT, Corporate Circle-1(1), Bhubaneswar vs. M/S. B.C.Bhuyan Constructions Pvt. Ltd., Bhubaneswar

In the result, both the appeals of the assessee stand partly allowed

ITA 439/CTK/2017[2010-11]Status: DisposedITAT Cuttack19 Jan 2023AY 2010-11

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year :2010-2011 2011

For Appellant: S/Shri P.C.Sethi/Ashok Kumar Moharana, ARsFor Respondent: Shri M.K.Gautam, CIT DR/Shri S.C.Mohanty, Sr DR

total disallowance of Rs.3.11 crores, Rs.2.42 crores related to the trade creditors and the balance was in respect of the statutory dues, which have been paid before the due date of filing of the return. It was the submission that the ld CIT(A) failed to consider that the sundry ... sundry creditors of Rs.2.42 crores is in fact trade creditors. Further, the balance of sundry creditors as shown in the balance sheet are only statutory dues, which have also been paid before the due date of filing of the return. This being so, as the books of account have already

M/S. B.C.Bhuyan Constructions Pvt. Ltd., Bhubaneswar vs. DCIT, Corporate Circle-1(1), Bhubaneswar

In the result, both the appeals of the assessee stand partly allowed

ITA 443/CTK/2016[2013-14]Status: DisposedITAT Cuttack19 Jan 2023AY 2013-14

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year :2010-2011 2011

For Appellant: S/Shri P.C.Sethi/Ashok Kumar Moharana, ARsFor Respondent: Shri M.K.Gautam, CIT DR/Shri S.C.Mohanty, Sr DR

total disallowance of Rs.3.11 crores, Rs.2.42 crores related to the trade creditors and the balance was in respect of the statutory dues, which have been paid before the due date of filing of the return. It was the submission that the ld CIT(A) failed to consider that the sundry ... sundry creditors of Rs.2.42 crores is in fact trade creditors. Further, the balance of sundry creditors as shown in the balance sheet are only statutory dues, which have also been paid before the due date of filing of the return. This being so, as the books of account have already

M/S. B.C.Bhuyan Constructions Pvt. Ltd., Bhubaneswar vs. DCIT, Corporate Circle-1(1), Bhubaneswar

In the result, both the appeals of the assessee stand partly allowed

ITA 442/CTK/2016[2012-13]Status: DisposedITAT Cuttack19 Jan 2023AY 2012-13

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year :2010-2011 2011

For Appellant: S/Shri P.C.Sethi/Ashok Kumar Moharana, ARsFor Respondent: Shri M.K.Gautam, CIT DR/Shri S.C.Mohanty, Sr DR

total disallowance of Rs.3.11 crores, Rs.2.42 crores related to the trade creditors and the balance was in respect of the statutory dues, which have been paid before the due date of filing of the return. It was the submission that the ld CIT(A) failed to consider that the sundry ... sundry creditors of Rs.2.42 crores is in fact trade creditors. Further, the balance of sundry creditors as shown in the balance sheet are only statutory dues, which have also been paid before the due date of filing of the return. This being so, as the books of account have already

DCIT, New Delhi vs. M/S. Golden Falcon Pacific Ltd., Navi Mumbai

In the result, appeals filed by the revenue is dismissed and appeal filed by the assessee is allowed

ITA 3895/DEL/2015[2011-12]Status: DisposedITAT Mumbai28 Dec 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Bledcit –Circle – 10(1) V. M/S. Golden Falcon Pacific Ltd New Delhi Off. 101, Real Tech Park Sector-30, Vashi, Near Railway Station Navi Mumbai - 400705 Pan: Aadcg8569L (Appellant) (Respondent) M/S. Golden Falcon Pacific Ltd V. Dcit –Circle – 12(1) Now 10(1) C/O. M/S. Saraf & Chandra (C.A) Room No. 416-A Bharat Ins. Bldg, 3Rd Floor, 15-A Central Revenue Building Horniman Circle, Fort, Mumbai – 01 I.P. Estate, New Delhi - 110002 Pan: Aadcg8569L (Appellant) (Respondent)

Section 143(2)

process of liquidation, the assets has to be valued and first the secured liability has to be settled and if there is any statutory dues and workers due has to be settled and if there is any amounts remains after the above settlements it will be part of the equity

M/S. Golden Falcon Pacific Ltd., Mumbai vs. DCIT, New Delhi

In the result, appeals filed by the revenue is dismissed and appeal filed by the assessee is allowed

ITA 3653/DEL/2015[2011-12]Status: DisposedITAT Mumbai28 Dec 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Bledcit –Circle – 10(1) V. M/S. Golden Falcon Pacific Ltd New Delhi Off. 101, Real Tech Park Sector-30, Vashi, Near Railway Station Navi Mumbai - 400705 Pan: Aadcg8569L (Appellant) (Respondent) M/S. Golden Falcon Pacific Ltd V. Dcit –Circle – 12(1) Now 10(1) C/O. M/S. Saraf & Chandra (C.A) Room No. 416-A Bharat Ins. Bldg, 3Rd Floor, 15-A Central Revenue Building Horniman Circle, Fort, Mumbai – 01 I.P. Estate, New Delhi - 110002 Pan: Aadcg8569L (Appellant) (Respondent)

Section 143(2)

process of liquidation, the assets has to be valued and first the secured liability has to be settled and if there is any statutory dues and workers due has to be settled and if there is any amounts remains after the above settlements it will be part of the equity

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4467/MUM/2018[2010-11]Status: DisposedITAT Mumbai13 Dec 2022AY 2010-11

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

support services to various telecom operators in the field of operation & maintenance/surveillance management services for tower sites. It had made delayed payment of its statutory dues, i.e., service tax, professional tax, and TDS. The assessee claimed that the TDS paid by it was not in the nature of 'income

M/S. Himali Vijay Builders & Developers, Mumbai vs. ACIT, Central Cir-2, Thane

In the result, both these appeals of the assessee are dismissed

ITA 1756/MUM/2022[2018-19]Status: DisposedITAT Mumbai12 Dec 2022AY 2018-19

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Kiran KapadiaFor Respondent: Shri Rakesh Ranjan
Section 132Section 143(3)Section 153ASection 250Section 80I

also failed to negate the fact that the commencement of the housing project was prior to the formation of the AOP. All the statutory dues and claims, including section 80IB(10) deduction was entrusted upon Developer II and not the assessee as per the terms of the agreement. 16. From

M/S. Himali Vijay Builders & Developers, Mumbai vs. ACIT, Central Cir-2, Thane

In the result, both these appeals of the assessee are dismissed

ITA 1755/MUM/2022[2017-18]Status: DisposedITAT Mumbai12 Dec 2022AY 2017-18

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Kiran KapadiaFor Respondent: Shri Rakesh Ranjan
Section 132Section 143(3)Section 153ASection 250Section 80I

also failed to negate the fact that the commencement of the housing project was prior to the formation of the AOP. All the statutory dues and claims, including section 80IB(10) deduction was entrusted upon Developer II and not the assessee as per the terms of the agreement. 16. From

Air India Ltd, Mumbai vs. DCIT 5(1)(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4544/MUM/2018[2012-13]Status: DisposedITAT Mumbai07 Dec 2022AY 2012-13

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

support services to various telecom operators in the field of operation & maintenance/surveillance management services for tower sites. It had made delayed payment of its statutory dues, i.e., service tax, professional tax, and TDS. The assessee claimed that the TDS paid by it was not in the nature of 'income

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4518/MUM/2018[2011-12]Status: DisposedITAT Mumbai07 Dec 2022AY 2011-12

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

support services to various telecom operators in the field of operation & maintenance/surveillance management services for tower sites. It had made delayed payment of its statutory dues, i.e., service tax, professional tax, and TDS. The assessee claimed that the TDS paid by it was not in the nature of 'income

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4486/MUM/2018[2010-11]Status: DisposedITAT Mumbai07 Dec 2022AY 2010-11

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

support services to various telecom operators in the field of operation & maintenance/surveillance management services for tower sites. It had made delayed payment of its statutory dues, i.e., service tax, professional tax, and TDS. The assessee claimed that the TDS paid by it was not in the nature of 'income

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4485/MUM/2018[2011-12]Status: DisposedITAT Mumbai07 Dec 2022AY 2011-12

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

support services to various telecom operators in the field of operation & maintenance/surveillance management services for tower sites. It had made delayed payment of its statutory dues, i.e., service tax, professional tax, and TDS. The assessee claimed that the TDS paid by it was not in the nature of 'income

M/S Tamilnadu State Marketing Corporation Limited, Chennai vs. ACIT, Corporate Circle 3 [1], Chennai

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

ITA 353/CHNY/2022[2014-15]Status: DisposedITAT Chennai14 Nov 2022AY 2014-15

Bench: Shri Mahavir Singhand Dr. Dipak P. Ripoteआयकर अपीलसं./Ita No.: 353/Chny/2022 "नधा"रण वष"/Assessment Year: 2014-15 M/S. Tamilnadu State The Acit, Marketing Corporation Ltd., Vs. Corporate Circle 3(1), Cmda Tower, Ii, Iv Floor, Chennai. Gandhi Irwin Bridge Road, Egmore, Chennai – 600 008. Pan: Aaact 2964P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओरसे/Appellant By : Shri R.Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई क" तार"ख/Date Of Hearing : 16.08.2022 घोषणा क" तार"ख/Date Of Pronouncement : 14.11.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Revision Order Passed U/S.263 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) By The Principal Commissioner Of Income Tax (Appeals), Chennai-3 In Revision No.Pcit, Chennai-3/Revision-263/100000339483/2022 Dated 31.03.2022. The Assessment Was Framed By The Acit, Corporate Circle-3(1), Chennai For The Assessment Year 2014-15 U/S.143(3) Of The Act Vide Order Dated 30.12.2016. 2. The Only Issue In This Appeal Of Assessee Is As Regards To The Revision Order Passed By Pcit By Holding The Assessment Framed As Erroneous & Prejudicial To The Interest Of Revenue On Account Of Value Added Tax Paid By Assessee & Claimed As Deduction U/S.37 R.W.S. 43B Of The Act & Allowed.

For Appellant: Shri R.Vijayaraghavan, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 263Section 37Section 40

computing the income chargeable under the head "Profits and gains of business or profession". The non-deductible expense under the said section also includes statutory dues like fringe benefit tax, income-tax, wealth-tax, etc. Disputes have arisen in respect of income-tax assessment of some State Government undertakings

M/S United Breweries Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

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

ITA 481/BANG/2018[2012-13]Status: DisposedITAT Bangalore11 Nov 2022AY 2012-13

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

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT –DR
Section 115JSection 143(2)Section 143(3)Section 14ASection 40Section 43B

ordered accordingly. Disallowance u/s 43B (Ground 4) (4.1 to 4.3) 9. The assessee during the relevant AY 2012-2013 did not remit statutory dues amounting to Rs.7,63,44,091 before the due date of filing of return of income. The assessee accordingly added back a sum of Rs.7

Vks Projects Limited, Mumbai vs. Income Tax Officer 15(3)(4), Mumbai

In the result, this ground of appeal filed by the assessee is dismissed

ITA 965/MUM/2018[2013-14]Status: DisposedITAT Mumbai04 Nov 2022AY 2013-14
Section 143(3)Section 250Section 35DSection 35D(1)(ii)Section 35D(2)(c)Section 40aSection 43B

lower authorities. The assessee has stated that it has turn NPA in August 2013 and the same was the reason for not paying the statutory dues. We find no infirmity in the order of the learned CIT(A) as the assessee has failed to furnish particulars of its claim before