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“employees contribution to PF”

DisallowancesSection 36(1)(va)Section 36(1)(va)638 judgments

The decision most relied on for employees contribution to PF is CIT v. AIMIL Ltd. (321 ITR 508), cited in 1,629 judgments on BharatTax.

Leading authorities on employees contribution to PF

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).

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. 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.

(i) CIT v. Merchem Ltd.
378 ITR 443 · 2015 · High Court
631
citing judgments

Belated remittance of employees' contribution to ESI and PF, even if deposited before the due date for filing the return of income under Section 139(1), is not allowed as a deduction. This disallowance falls under Section 36(1)(va) read with Section 2(24)(x), as Section 43B applies only to employer's contributions.

CIT v. Ghatge Patil Transports Ltd.
368 ITR 749 · 2014 · High Court
609
citing judgments

Deduction for employees' contributions to PF and ESIC is allowable under Section 43B if paid before the due date for filing the return under Section 139(1); similarly, delayed deposits of employers' contributions to ESIC and PF are also allowable.

CIT v. Gujarat State Road Transport Corpn
41 Taxmann.com 100 · 2014 · High Court
540
citing judgments

Employees' contributions to provident fund or other welfare funds are deductible under section 36(1)(va) only if paid by the due date specified in the respective welfare fund enactments, and section 43B does not extend this period to the income tax return filing due date under section 139(1).

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

Judgments citing employees contribution to PF

Spick-N-Span Services, Mum vs. Income Tax Officer, Ward-41(3)(1) Erstwhile Ward-27(3)(3), Mum

In the result, appeals of the assessee are dismissed

ITA 14/MUM/2023[2011-12]Status: DisposedITAT Mumbai26 Apr 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकरअपीलसं/I.T.A. No.14/Mum/2023 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/I.T.A. No.15/Mum/2023 (निर्धारणवर्ा / Assessment Year: 2018-19) Spick-N-Span Services बिधम/ Income Tax Officer Ward- 41(3)(1) (Erstwhile 409, 4Th Floor, Sej Plaza, Vs. Marve Road Malad (W) Ward- 27(3)(3) Mumbai- 400064 Kautilya Bhavan, Bkc, Mumbai- 400051 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaofs2733G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Anil Kumar Das. Sr. Ar सुनवाईकीतारीख / Date Of Hearing: 06/03/2023 घोषणाकीतारीख /Date Of Pronouncement: 26/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)/Nfac Dated 16.11.2022 For Ay 2011-12 & Ay 2018-19. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Disallowance Of Rs. 48,19,696/- For The Ay 2011-12 U/S 143(3) Of The Income Tax Act, 1961 (Herein After ‘The Act’) & Rs. 1,48,61,729/- (Ay 2018- 19) U/S 143(1) Of The Act, Both On Account Of Disallowance Of Employees Contribution Of Provident Fund & Esic U/S 36(1) (Va) Of The Act. Since, The Issue

For Appellant: NoneFor Respondent: Shri Anil Kumar Das. Sr. AR
Section 143(1)Section 143(3)Section 147Section 36(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI OM PRAKASH KANT

Principle Security and Allied Services Private Limited, Mumbai vs. Circle 13(1)(2), Mumbai

In the result, the appeal of the assesse is allowed for statistical purpose

ITA 280/MUM/2023[2018-19]Status: DisposedITAT Mumbai21 Apr 2023AY 2018-19

Bench: Shri Vikas Awasthy & Shri Amarjit Singhprinciple Security & Vs. Circle 13(1)(2) Allied Services Private Aayakar Bhavan, Ground Limited, 707 Hubtown Floor, M.K. Road, Viva Shankar Wadi, New Marine Lines Western Express Mumbai – 400 020 Highway, Jogeshwari (East) Mumbai – 400060 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aafcp2691A Appellant .. Respondent Appellant By : Rahul K. Hakani Respondent By : V.S. Mahajan Date Of Hearing 18.04.2023 Date Of Pronouncement 21.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 29.12.2022 For A.Y. 2018-19. The Assesse Has Raised The Following Grounds Before Us: “1. The Ld. Cit(A) Erred In Not Appreciating The Fact That The Intimation Issued By The Id Ao Cpc Bangalore W'S 143(1) Of The Income Tax Act, 1961 Is Erroneous / Without Jurisdiction Since Additions On Issues Where Two Views Are Possible Cannot Be Made. 2. The Ld. Cit(A) Erred In Confirming Addition Of Rs.1,59,10,546/- U/S 36(1)(Va) Of The Act Without Appreciating The Fact That The Employees Contribution To Pf & Esic Was Deposited Before The Due Date Of Filing Of Return. 3. The Appellant Prays That The Adjustment Made In The Intimation Order U/S143(1) Of The Act May Be Deleted.

For Appellant: Rahul K. HakaniFor Respondent: V.S. Mahajan
Section 143(1)Section 36(1)(va)

erred in confirming addition of Rs.1,59,10,546/- u/s 36(1)(va) of the Act without appreciating the fact that the employees contribution to PF and ESIC was deposited before the due date of filing of return. 3. The appellant prays that the adjustment made in the intimation order

M/S. Geekay Securities Services Private Limited, Mumbai vs. Dy Commissioner of Income Tax Circle 3(1)(1), Mumbai

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

ITA 1842/MUM/2021[2017-18]Status: DisposedITAT Mumbai17 Apr 2023AY 2017-18

Bench: Shri Vikas Awasthy & Shri Amarjit Singhm/S Geekay Securities Vs. Dy. Cit, Circle-3(1)(1) Services Private Limited 6Th Floor, Aaykar Bhavan, G-11, Tulsani Chambers, M.K. Marg, Free Press Journal Marg Mumbai- 400020 Nariman Point, Maharashtra – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccg1282D Appellant .. Respondent Appellant By : Shri Gyaneshwar Kataram Respondent By : Smt. Anne Varghese Date Of Hearing 17.04.2023 Date Of Pronouncement 17.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 08.09.2021 For A.Y. 2017-18. The Assesse Has Raised The Following Grounds Before Us: “1. In The Circumstances & Facts Of Our Case, The Learned Commissioner Of Income Tax (Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of Ld. Dcit, Cpc In Upholding Disallowance Of Rs.1,21,39,702/- U/S 36(1)(Va) Despite The Fact That The Said Amount Of Rs1,21,39,702/- Comprises Of Two Components, An Amount Of Rs.64,43,502/- Which Pertains To Employer'S Contribution To Provident Fund/Lwf & An Amount Of Rs.56,96,200/- Which Pertains To Employee'S Contribution To Provident Fund / Lwf & Not Considering The Conclusive Evidence Submitted In Its Written Submission & Supporting Paper Book 2.. In The Circumstances & Facts Of Our Case, The Learned Commissioner Of Income Tax (Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of Ld Dcit, Cpc In Upholding Disallowance Of Rs. 56,96,200/-

For Appellant: Shri Gyaneshwar KataramFor Respondent: Smt. Anne Varghese
Section 36(1)(va)Section 438Section 43B

P a g e | 1 M/s Geekay Securities Services Pvt. Ltd. Vs. Dy.CIT, Circle-3(1)(1) THE INCOME TAX

ACIT-Circle-3(1), Gurgaon vs. Teradata India Private Limited, Gurgaon

In the result, the appeals in ITA No

ITA 1431/DEL/2022[2019-20]Status: DisposedITAT Delhi29 Mar 2023AY 2019-20

Bench: Sh. Anil Chaturvedi & Sh. Yogesh Kumar Usasstt. Commissioner Of Vs. M/S. Teradata India Pvt. Income Tax, Circle – 3(1), Ltd., 301-302, Tower 4A, Gurugram S-Block Dlf Corporate Park, Dlf City Phase-Iii, Pan No. Aacct 6715 A Gurugram – 122 002 (Appellant) (Respondent) Assessee By Shri Akshay Uppal, Adv. Revenue By Ms. Sangeeta Yadav, Sr. D.R. Date Of Hearing: 29.03.2023 Date Of Pronouncement: 29.03.2023 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 12.05.2022 Passed By The Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2019-20. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :- Acit Vs. Teradata India Pvt Ltd. 2 3. Assessee Is A Company Who Had Filed Its Return Of Income On 27.11.2020 For A.Y. 2019-20 Declaring Total Income Of Rs.61,82,86,370 /-. In The Intimation Issued U/S 143(1) Of The Act By Cpc, Bangalore Vide Identification No. Cpc/1920/A6/2014289684 Dated 18.03.2021, The Total Income Was Determined At Rs. 66,49,98,020/- Inter Alia By Disallowing Rs.4,67,11,644/- U/S 36(1)(Va) On Account Of Delayed Deposit Of Employees Contribution Of Pf/Esi.

Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)Section 36(1)(va)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. YOGESH