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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

A.C.I.T. Cir. 6(2)(2), Mumbai vs. Doshion Watesr Solutions P. Ltd., Mumbai

In the result, the revenue’s appeal ITA NO

ITA 1503/MUM/2018[2009-10]Status: DisposedITAT Mumbai18 Jul 2024AY 2009-10
Section 10(34)Section 115JSection 143(1)Section 143(2)Section 14ASection 250Section 271(1)(C)Section 68

therefore will be effective from the date on which I&B Code has come into effect; iii. Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall ITA no. 78/MUM/2018 Doshion Veolia

Jsw Ispat Special Products Limited, New Delhi vs. DCIT, Circle 17, Delhi

In the result, the appeal of the assessee is dismissed

ITA 1052/DEL/2023[2014-15]Status: DisposedITAT Delhi02 Jul 2024AY 2014-15

Bench: Shri M Balaganesh & Shri Vimal Kumarasstt. Year: 2014-15 Jsw Ispat Special Products Vs. Dcit, Limited (Formerly Known As Circle-17(1), Monnet Ispat & Energy Ltd.) New Delhi. 11 Monnet House, Masjid Moth, Greater Kailash-Ii New Delhi – 110 048 Pan Aaacm0501D (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, CIT(DR)
Section 142(1)Section 143(2)Section 31Section 53Section 7

owed in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owned, guarantors and other stakeholders involved in the resolution plan. The matter regarding the status of dues of the Income Tax Department consequent

Arcotech Limited, Rewari vs. DCIT, Circle-3(1), New Delhi

In the result appeals of the assessee are allowed for statistical purposes

ITA 1015/DEL/2020[2016-17]Status: DisposedITAT Delhi28 Jun 2024AY 2016-17

Bench: Ms. Madhumita Roy & Sh. Brajesh Kumar Singh

For Appellant: Shri Sanjay Joshi, A.RFor Respondent: Shri Kanv Bali, Sr. D.R
Section 144Section 249(4)Section 250

creating additional liabilities in the form of unsecured borrowings arranged by the promoters for this purpose. The company has also contributed to other statutory dues such as custom duty and other dues. The cash flows of the company were stressed and not adequate despite earning profits during relevant years. Furthermore

Arcotech Limited, Rewari vs. DCIT, Circle-3(1), New Delhi

In the result appeals of the assessee are allowed for statistical purposes

ITA 1005/DEL/2020[2015-16]Status: DisposedITAT Delhi28 Jun 2024AY 2015-16

Bench: Ms. Madhumita Roy & Sh. Brajesh Kumar Singh

For Appellant: Shri Sanjay Joshi, A.RFor Respondent: Shri Kanv Bali, Sr. D.R
Section 144Section 249(4)Section 250

creating additional liabilities in the form of unsecured borrowings arranged by the promoters for this purpose. The company has also contributed to other statutory dues such as custom duty and other dues. The cash flows of the company were stressed and not adequate despite earning profits during relevant years. Furthermore

Trinity Kitchenware Ltd, Mumbai vs. CIT Appeal -21, Mumbai

In the result, the appeal is allowed in aforesaid terms

ITA 1264/MUM/2024[2019-2020]Status: DisposedITAT Mumbai25 Jun 2024AY 2019-2020

Bench: SHRI PAVAN KUMAR GADALE (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)

For Appellant: Ms. Jigna Jain, AdvFor Respondent: Shri P. D. Chougule (Addl. CIT), SR. D.R
Section 143Section 143(1)Section 234ASection 234FSection 250Section 36(1)(va)Section 40

Assessing Officer as well as CIT Appeal has erred in law and in facts by not considering that non- payment of statutory dues has arisen because the factory and office premises were sealed by the Abhudaya Co-operative Bank for non-payment of their loan installments. 8. The Ld. Assessing

Irla Co-Op Hsg Soceity Ltd, Mumbai vs. Ward 25(2)(5), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4269/MUM/2023[2016-17]Status: DisposedITAT Mumbai21 Jun 2024AY 2016-17

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary, Irla Co-Op Hsg Society Vs. Ito, Ward 25(2)(5) Limited, 191/A, Prime Maharashtra – 400054 Mall Irla, Vile Parle (West) Mumbai – 400056 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaaai4878F Appellant .. Respondent Appellant By : Pramod Parida Respondent By : H.M. Bhatt Date Of Hearing 13.05.2024 Date Of Pronouncement 21.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Assessment Order Dated 23.11.2018 Passed U/S 143(3) Of The Income Tax Act, 1961 For The Assessment Year 2016-17. The Assessee Has Raised The Following Grounds Before Us: “1. Disallowance U/S 43B- 61,01,040/- I) The Id. Cit(A) Erred In Confirming The Disallowance Of Statutory Liabilities Without Appreciating That The Same Had Been Paid Before The Due Date Of Filing Of Return U/S 139(1) & Further Erred In Holding That The Appellant, A Co-Op Housing Society (Chs), Is Doing Business Activity, Therefore, As Sec 438 Is Not Applicable On The Face It Being Eligible For The Benefit U/S 80P, The Disallowance Of Rs.61.01.040/- Is Uncalled For & The Same May Be Deleted Ii) Without Prejudice To Above, The Id Cit(A) Erred In Holding That The Concept Of Mutuality Does Not Apply To The Appellant Where There Is Close Nexus Of All Its Funds Flow Are Utilized Exclusively For The Benefit Of Its Members, Hence The Disallowance Made May Be Deleted As Consistency Needs To Be Respected. 2. Taxability U/S. 22 Or U/S. 56- Rental Or Hire Charges Rs.8,73,634/-

For Appellant: Pramod ParidaFor Respondent: H.M. Bhatt
Section 139(1)Section 143(2)Section 143(3)Section 22Section 24Section 43BSection 56Section 80P

also noticed that as per the audit report an amount of Rs.61,01,040/- was included in the current liability as statutory dues payable by the assessee in the balance sheet as on 31.03.2016. The assessee explained that provision of Sec. 43B was not attracted on account of concept

M/S Sel Manufacturing Co. Ltd., Ludhiana vs. DCIT, CC-3, Ludhiana

In the result, appeal is allowed

ITA 362/CHANDI/2023[2011-12]Status: DisposedITAT Chandigarh27 May 2024AY 2011-12

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 148Section 250(6)Section 5(20)Section 5(21)Section 69CSection 7

debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed, guarantors and other stakeholders involved in the resolution plan.," 11.2 Thus, as per Section 31(1) of the IBC, once approved ... creditors, which include, inter-alia, the Central Government under any law for the time being in force and also on authorities to whom statutory dues are owed; that the provision also stipulates that the Approved Plan shall be binding on guarantors and other stakeholders involved in forging; that a successful

DCIT-1(1)(1), Mumbai vs. Ashajyot Mercantile Private Limited, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 347/MUM/2024[2012-13]Status: DisposedITAT Mumbai22 May 2024AY 2012-13

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bledcit-1(1)(1) V. Ashajyot Mercantile Private Limited Flat No 2, Block A 579, Aaykar Bhavan, M.K Road First Floor Aidun Building Mumbai-400020 John Crasto Lane J. S. Seth Road Dhobi Talao, Kalbadevi H.O Mumbai Mumbai, Maharashtra 400002 Pan: Aaica2437N (Appellant) (Respondent) Assessee Represented By : Shri Madhur Agrawal Department Represented By : Shri Mirza Azhar Beig

Section 143(3)Section 271(1)(c)

Penalty order have alleged any misrepresentation / illegal claim or bogus expenses on part of the assessee. All the payments pertain to the statutory dues. If these statutory expenses are taken to be part of stock-in-trade and were to be debited on sale of such stock, even then these

Dabur India Ltd, New Delhi vs. DCIT Circle 7(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 2593/DEL/2023[2015-16]Status: DisposedITAT Delhi16 Apr 2024AY 2015-16

Bench: Shri Kul Bharat & Shri M. Balaganeshdabur India Ltd, Vs. Dcit, 8/3, Asaf Ali Road, Circle-7(1), New Delhi New Delhi (Appellant) (Respondent) Pan:Aaacd0474C Assessee By : Shri M. P. Rastogi, Adv Shri Shivam Malik, Adv Revenue By: Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing 10/04/2024 Date Of Pronouncement 16/04/2024

For Appellant: Shri M. P. Rastogi, AdvFor Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 115Section 115JSection 143Section 154Section 234BSection 90Section 90ASection 91

payment in the form of taxes from the angle of the assessee. As far as assessee is concerned, it had simply discharged the statutory dues comprising of tax, surcharge and cess to the Union of India and hence if paid in excess, would be eligible for either refund or adjustment

M/S. Cosmic Ferro Alloys Limited., Kolkata vs. DCIT, Cir-3, Kolkata

In the result, all the appeals of the assessee are allowed

ITA 637/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Apr 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 7

opinion, once the order has been passed by NCLT under Insolvency and Bankruptcy Code, 2016 under Income Tax Act, all the statutory dues on account of income tax, Sales Tax,/VAT/GST, Excise Duty due to various Govt Departments of the Govt are extinguished. Therefore, we find merit in the appeals

M/S. Cosmic Ferro Alloys Limited., Kolkata vs. DCIT, Cir-3, Kolkata

In the result, all the appeals of the assessee are allowed

ITA 636/KOL/2023[2014-15]Status: DisposedITAT Kolkata05 Apr 2024AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 7

opinion, once the order has been passed by NCLT under Insolvency and Bankruptcy Code, 2016 under Income Tax Act, all the statutory dues on account of income tax, Sales Tax,/VAT/GST, Excise Duty due to various Govt Departments of the Govt are extinguished. Therefore, we find merit in the appeals

M/S. Cosmic Ferro Alloys Limited., Kolkata vs. DCIT, Cir-3(1), Kolkata.

In the result, all the appeals of the assessee are allowed

ITA 635/KOL/2023[2012-13]Status: DisposedITAT Kolkata05 Apr 2024AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 7

opinion, once the order has been passed by NCLT under Insolvency and Bankruptcy Code, 2016 under Income Tax Act, all the statutory dues on account of income tax, Sales Tax,/VAT/GST, Excise Duty due to various Govt Departments of the Govt are extinguished. Therefore, we find merit in the appeals

Sh. Martin Ekka S/O Sh. Lalsay Ekka, Panchkula vs. ITO, Ward -1, Panchkula

In the result, the ground no

ITA 281/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh27 Mar 2024AY 2017-18

Bench: SH. SANJAY GARG (Judicial Member)

For Appellant: Smt. Neelam Dhiman, C.AFor Respondent: Shri Dharamvir, JCIT, Sr.DR
Section 10Section 143(1)

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 ... core sector of machine tools. 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

Assistant Commissioner of Income Tax, Circle-2(1), Kondapur vs. Ksk Mahanadi Power Company Limited, Hyderabad

In the result, the appeal of Revenue is dismissed in limine

ITA 602/HYD/2023[2018-19]Status: DisposedITAT Hyderabad19 Mar 2024AY 2018-19

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2018-19 The Assistant Commissioner Of Vs. Ksk Mahanadi Power Company Limited, Income Tax, Jubilee Hilss, Circle – 2(1), 8-2-293/82/A/431A, Road Hyderabad. No.22, Jubilee Hills, Telangana (Appellant) (Respondent) Assessee By: Shri S. Venugopal, C.A. Revenue By: Ms. Sheetal Sarin, Sr. Ar Date Of Hearing: 18.03.2024 Date Of Pronouncement: 19.03.2024

For Appellant: Shri S. Venugopal, C.AFor Respondent: Ms. Sheetal Sarin, Sr. AR
Section 13Section 31Section 7

therefore will be effective from the date on which I&B Code has come into effect; and (iii) Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished

Neerus Ensembles Private Limited, Hyderabad vs. DCIT, Circle-16(1), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 66/HYD/2023[2019-20]Status: DisposedITAT Hyderabad29 Feb 2024AY 2019-20

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.66/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2019-20) Neerus Ensembles (P) Ltd Vs. Dy. C. I. T. Hyderabad Circle 16(1) Pan:Aaccn1554D Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 28/02/2024 घोषणा की तारीख/Pronouncement: 29/02/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 22/11/2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Retail In Garments & Other Accessories. Assessee Filed Its Return Of Income For The A.Y 2019- 20 On 21.10.2019 Declaring Total Income Of Rs.6,95,37,230/-. The Cpc Sent An Intimation U/S 143(1) Of The Act By Determining Total Income Of The Assessee At Rs.7,14,16,250/- Wherein Disallowance

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(1)Section 36(1)(va)Section 37

audit report and drew the attention of the Bench to clause 20(b) and submitted that the assessee has paid some of the statutory dues on or before the due dates as prescribed under the PF & ESI Acts and therefore, suitable direction should be given to the Assessing Officer

M/S Kohinoor Steel Pvt. Ltd., Kolkata vs. I.T.O., Ward-3(3), Kolkata

In the result, the appeal filed by the assessee in ITA No

ITA 27/KOL/2020[2012-13]Status: DisposedITAT Kolkata19 Feb 2024AY 2012-13

Bench: Dr. Manish Borad & Shri Anikesh Banerjee]

Section 14Section 143(3)Section 15Section 250Section 68Section 9

therefore will be effective from the date on which the I&B Code has come into effect. 102.3. Consequently, all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished ... well settled that on the approval of the resolution plan in terms of Section 31 of the IBC, the dues including the statutory dues of the 12 I.T.A. No.27/Kol/2020 Assessment Years: 2012-13 M/s Kohinoor Steel Pvt. Ltd. Government or local authority, if not part of the resolution plan, gets

Income-Tax Officer, Ward-1, Bellary vs. M/S. South West Mining Limited, Bellary

In the result, appeal of the revenue is dismissed and CO filed by the assessee is dismissed

ITA 457/BANG/2023[2011-12]Status: DisposedITAT Bangalore08 Feb 2024AY 2011-12

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2011-12 Ito M/S. South West Mining Limited Aayakar Bhavan Staff Road Vidya Nagar Fort Bellary Near Talur Cross Karnataka Toranagallu Vs. Bellary 583 201 Karnataka Pan No : Aafcs9792M Appellant Respondent C.O. No.4/Bang/2023 (Arising Out Of Ita No.457/Bang/2023) Assessment Year: 2011-12 M/S. South West Mining Limited Ito Vs. Bellary 583 201 Ward-1 Karnataka Bellary Appellant Respondent Assessee By : Shri Rakesh Joshi, A.R. Revenue By : Ms. Neera Malhotra, D.R. Date Of Hearing : 20.12.2023 Date Of Pronouncement : 08.02.2024 O R D E R Per Chandra Poojari: This Appeal By Revenue & Co By Assessee Are Directed Against The Order Of Nfac For The Assessment Year 2011-12 Dated 21.4.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Revenue In This Appeal Raised Following Ground: “Whether The Ld. Cit(A) Is Justified On The Facts Of The Case & In Law, In Deleting The Addition Of Rs.287.72 Crores Claimed Towards “Mine Development Expenditure” U/S 37(1) In The Computation Of Income Which Was Not Routed Through The Profit & Loss Account.”

For Appellant: Shri Rakesh Joshi, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 143(1)Section 143(3)Section 234BSection 250Section 37Section 37(1)

deduction of TDS and non- `ITA No.457/Bang/2023 & CO No.4/Bang/2023 M/s. South West Mining Limited, Bellary Page 4 of 42 payment of statutory dues during the year. A sum of Rs.2,87,72,03,599/- was claimed as deduction. As per assessee’s accounting policy, these mining development expenses of Rs.2

The DCIT, Circle-2(1)(1), Ahmedabad vs. M/S. Flax Apparels Pvt. Ltd., Ahmedabad

The appeal of the Revenue is dismissed

ITA 1693/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad19 Jan 2024AY 2013-14

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रणवष"/Assessment Year: 2013-14 The Dcit Vs. M/S. Flax Apparels Pvt. Ltd., Circle-2(1)(1) 70, Balaji Estate Ahmedabad Nr.Budhalal Tamaku B/H. Hotel Moni Isanpur, Ahmedabad-382 443 Pan: Aaacf 4058 N अपीलाथ"/ (Appellant) अपीलाथ" "" यथ" "" यथ"/ (Respondent) अपीलाथ" अपीलाथ" "" "" यथ" यथ" Assessee By : -None- Revenue By : Shri Alok Kumar, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 30/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 19/01/2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: This Appeal Filed By The Revenue Is Directed Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-2, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A)” For Short] Dated 14/08/2019 Passed For Assessment Year (Ay) 2013-14. 2. Earlier, This Appeal Was Dismissed On Account Of Low Tax Effect Vide

For Appellant: -None-For Respondent: Shri Alok Kumar, CIT-DR
Section 37Section 43B

Assessing Officer on account of the fact that as per law in terms of the provisions of section 43B of the Act, statutory dues like the present sales tax are to be allowed only in the year in which they are actually paid and since the impugned amount of service ... revenue expenditure.” 5. Before us, the Ld.DR relied on the order of the AO contending that in terms of section 43B of the Act statutory dues were to be allowed only in the year of actual payment and since payment pertaining to service tax claimed by the assessee

Jiwanram Sheoduttrai Industries Pvt. Ltd., Kolkata vs. A.C.I.T., Range - 8, Kolkata

In the result, the appeal of the assessee is dismissed

ITA 741/KOL/2022[2012-2013]Status: DisposedITAT Kolkata17 Jan 2024AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 115JSection 143(3)Section 14ASection 2(24)Section 36(1)Section 40Section 43B

Disallowance of leave encashment not paid within specified date of Rs. 4,12,988/-. vi. Disallowance of penal charges for default in payment of statutory dues of Rs. 3,07,830/-. vii. Disallowance of donation expenditure not related to business of Rs. 4,25,000/-. viii. Undisclosed commission income deducted

Platinum Properties, Raigad vs. ITO Ward 5, Panvel

In the result, the ground no

ITA 2681/MUM/2023[2014-15]Status: DisposedITAT Mumbai15 Jan 2024AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhplatinum Properties Vs. Ito, Ward-5 Plot No. 6, G-20-24, Panvel, Taloja, Midc, Tal Panvel, Thane Taloja Raigad-410208 Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aajfp4159N Appellant .. Respondent Appellant By : Prateek Jain Respondent By : H.M. Bhatt Date Of Hearing 05.01.2024 Date Of Pronouncement 15.01.2024

For Appellant: Prateek JainFor Respondent: H.M. Bhatt
Section 139(1)Section 143(2)Section 143(3)Section 43B

both the counsels and perused the material facts on record. It is observed that the assessee is following the method of accounting consistently that statutory dues are collected from the customers and the collection of statutory dues are treated as statutory liability and shown P a g e | 9 Platinum ... being followed consistently and acceptable method of accounting. Provisions of section 43B will be applicable only when the assessee claimed those payments of statutory dues as expenditure. 10.1 In the case of CIT Vs. Noble and Hewitt (I) P. Ltd., [2008] 305 ITR 324 (Del.), on which reliance placed