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“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

Shree Ganesh Power Tech, Angul vs. ITO, Ward, Angul

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 478/CTK/2024[2019-20]Status: DisposedITAT Cuttack23 Jan 2025AY 2019-20

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2019-2020 Shree Ganesh Power Tech Shree Ganesh Power Tech Vs. Ito Ward, Angul Ito Ward, Angul Kulad, Nalco Nagar, Angul, Co Nagar, Angul, Odisha,759145 Odisha,759145 Pan/Gir No. No.Abpfs 641 3D (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.C Jena, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 23/01/20 2025 Date Of Pronouncement : 23/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The L Appeal Filed By The Assessee Against The Order Of The Ld Addl/Jcit(A), Addl/Jcit(A), Thane Thane Dated 18.9.2024 18.9.2024 In Appeal No.Addl/Jcit(A),Thane/10001/2018 Addl/Jcit(A),Thane/10001/2018-19 For The Assessment Year Essment Year 2019- 20. 2. Shri K.C.Jena K.C.Jena, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty , Sr. Dr Appeared For The Revenue. Dr Appeared For The Revenue.

For Appellant: Shri K.C Jena, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 143(1)

revised tax audit report filed on 24.06.2020 to remove the employees contributions of provident fund and ESI as the assessee has not deducted these statutory dues. 2.On the facts and circumstances of the case learned ADDL/JCIT(A) erred on facts and in law in not considering the fact that intimation

Dayal Singh, Vill Fatehpur Po Burewala vs. ITO Ward-1, Panchkula

In the result, the ground no

ITA 519/CHANDI/2024[AY 2017-2018]Status: DisposedITAT Chandigarh03 Dec 2024

Bench: Shri Sanjay Gargआयकर अपील सं./ Ita No. 519/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 बनाम Dayal Singh, The Ito, Vill Fatehpur Ward -1, Po Burewala Panchkula Distt.Amabla 134204 "थायी लेखा सं./Pan No: Acdps7697G अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Y.R. Saini, Adv. राज"व क" ओर से/ Revenue By : Sh. Vivek Vardhan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 11.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.12.2024 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.03.2024 Passed By The Ld. Addl. / Jcit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2017-18. 2. The Assess Ee In This Appeal H As Taken Foll Owing Groun Ds Of Appeal: 1 That In The F Acts & Circumstance Of The Case The Id. Addl/Jcit (A)-9 Mumbai Of Cit (A)( Nfac) Has Erred In Law By Placing Reliance On Judgement Of Hon'Ble Apex Court In The Case Of Maji Sinneman Vs Reddy

For Appellant: Shri Y.R. Saini, AdvFor Respondent: Sh. Vivek Vardhan, JCIT
Section 10Section 143(2)Section 143(3)Section 270A

Enterprises, Department of Heavy industry and the contents thereof reads as under: “Budgetary support to HMT Ltd for payment of outstanding salary/wages and other statutory dues, introduction of VRS/VSS and closure of operations of Tractor Division and transfer of land to Government entities 1. The Cabinet has today approved ... Dayal Singh, Distt. Ambala , 15 3 The Tractor Division has been incurring losses continuously and is unable to pay the salaries and other statutory dues of its employees. The employees of Tractor Division based at Pinjore have not been paid salary since July, 2014 and other statutory dues are also