“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

Hodala Ganapiah Chandrashekar, Tumkur vs. Income Tax Officer, Ward-1 & Tps, Tumkur

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

ITA 239/BANG/2022[2017-18]Status: DisposedITAT Bangalore09 Jun 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2017-18

For Appellant: Shri Sandeep C., A.RFor Respondent: Shri K.R. Narayana, D.R

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the disallowance u/s 36(1)(va) of the Act was made on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged the above said addition by filing appeal ... Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed

Ashvira Industires LLP, Mumbai vs. DCIT-23 (1), Mumbai

In the result, both the appeals are allowed

ITA 1523/MUM/2021[2018-19]Status: DisposedITAT Mumbai08 Jun 2022AY 2018-19

For Appellant: Shri Ryan SaldanhaFor Respondent: Shri Mehul Jain

Section 139(1)Section 143(1)Section 143(1)(a)Section 250Section 36Section 36(1)(va)Section 43B

erred in confirming addition of Rs. 2,39,440/- 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

Thiruvalaya Venugopal, Bangalore vs. Assistant Director Income Tax, CPC, Bangalore

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

ITA 235/BANG/2022[2019-20]Status: DisposedITAT Bangalore08 Jun 2022AY 2019-20

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Smt.Mrinalini, AdvocateFor Respondent: Sr.Narayana K.R., Addl.CIT-DR

Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

assessed income u/s 143(1) of the I.T.Act was on account of disallowance of sum of Rs.61,69,265 being late remittance of employees’ contribution to PF and ESI under the respective Acts. 4. Aggrieved by the intimation u/s 143(1) of the I.T.Act, the assessee preferred an appeal before ... first appellate authority. It was stated that the assessee had paid the employees’ contribution to PF and ESI prior to the due date of filing of the return u/s 139(1) of the I.T.Act. Therefore, it was submitted that the assessee is entitled to deduction of employees’ contribution to PF

Rashi Eco Tourism Limited, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

In the result, the appeal by the assessee is allowed in favour of the assessee

ITA 50/BANG/2022[2017-18]Status: DisposedITAT Bangalore06 Jun 2022AY 2017-18

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2017-18

For Appellant: Shri Sandeep Chalapathy, CAFor Respondent: Shri M.S. Nethrapal, Addl. DIT

Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

Bangalore for the assessment year 2017-18. 2. The only issue in these appeal is regarding disallowance of delayed payment of employers and employees contribution to PF and ESI u/s. 43B r.w.s. 36(1)(va) of the Act by the revenue authorities. Page 2 of 7 3. The assessee company ... matter on merits in the following paragraphs. 8. Following issues arise for consideration:- (i) Whether the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided the payments were made prior to the due date of filing the return of income

M/S. International Aerospace Manufacturing Private Limited, Bengaluru vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 618/BANG/2021[2019-20]Status: DisposedITAT Bangalore06 Jun 2022AY 2019-20

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2019-20

For Appellant: Shri Shreeshkumar Hegde, CAFor Respondent: Shri M S Nethrapal, Addl. DIT

Section 139Section 139(1)Section 143(1)Section 36Section 36(1)(va)Section 43B

rival submissions and perused the material on record. Following issues arise for consideration:- (i) Whether the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided the payments were made prior to the due date of filing the return of income

M/S. Indigenous Bureau of India, Mumbai vs. CIT (A) NFAC, Delhi

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

ITA 82/MUM/2022[AY 2019-20]Status: DisposedITAT Mumbai31 May 2022

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 81 & 82 /Mum/2022 (A.Ys. 2018-19 & 2019-20) M/S Indigenous Bureau Vs. Cit(A) Of India (Formerly Known As Nfac, Delhi Investigation Bureau Of India) 164, 3Rd Floor, Zaveri Chambers, Modi Street, Fort, Mumbai – 400001 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaafi1617H Appellant .. Respondent

For Appellant: N. B. GandhiFor Respondent: R.A. Dhyani

Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

addition of Rs.6,70,755/made by Ld. AO (Asst. Director of Income Tax, CPC) in the intimation u/s.143(1), towards late payment of employees contribution to PF and ESI, u/s.36(1)(va) [but paid before filing the return u/s. 139(1)]is invalid. The appellant firm humbly submits that

M/S. Indigenous Bureau of India, Mumbai vs. CIT (A) NFAC, Delhi

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

ITA 81/MUM/2022[2018-19]Status: DisposedITAT Mumbai31 May 2022AY 2018-19

For Appellant: N. B. GandhiFor Respondent: R.A. Dhyani

Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Geetee Travels Private Limited, Mumbai vs. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre

In the result appeal filed by the assessee is partly allowed

ITA 1778/MUM/2021[AY 2017-2018]Status: DisposedITAT Mumbai31 May 2022

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm The Commissioner Of Income Geetee Travels Private Limited Tax (Appeals) Shop No.1, Satellite Bldg, Opp National Faceless Appeal Mistry, Complex Om Nagar, Vs. Centre, Andheri, Mumbai-400 099 Delhi (Respondent) (Appellant) Pan No. Aaccg7462R Assessee By : Shri Sanjay Shah, Ar Revenue By : Smt. Sonia Kumar, Dr Date Of Hearing: 23.05.2022 Date Of Pronouncement : 31.05.2022

For Appellant: Shri Sanjay Shah, ARFor Respondent: Smt. Sonia Kumar, DR

Section 143Section 143(1)Section 143(1)(a)Section 36(1)Section 36(1)(va)Section 438Section 43B

Learned Centralized Processing Centre, Income Tax Department to the tune of Rs. 7,92,353/- being alleged belated payment of Employees contribution to PF & ESIC as the payments were made beyond the due date as specified in the respective PF & ESIC Act. Appellant submits that in view of the facts ... Geetee Travels Private Limited; A.Y. 17-18 Provision of Section 43B of the Act applies to both Employers and Employee contribution to PF & ESIC and accordingly, these payments are to be allowed in full if they are paid before due date of filing, Income Tax Return. Appellant submits that

M/S. Sycone Cpmc Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

ITA 260/BANG/2022[2018-19]Status: DisposedITAT Bangalore31 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year:2018-19 M/S. Sycone Cpmc Private Limited, No.36, 20Th Main, 2Nd Block, Rajajinagar, Dcit, Cpc, Vs. Bengaluru – 560 010. Bengaluru. Pan No : Aaics 3458 H Appellant Respondent Appellant By : Shri. Siddesh Nagaraj Gaddi, Ca Respondent By : Shri Ganesh R. Ghale, Standing Counsel For Dept. Date Of Hearing : 31.05.2022 Date Of Pronouncement : 31.05.2022 O R D E R Per B.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 25/02/2022 Passed By Ld. Cit(A)-11, Bangalore & It Relates To The Assessment Year 2018-19. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Rs.8,58,090/-, Being Employees Contribution To Provident Fund & Esi, Made U/S 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short].

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri Ganesh R. Ghale, Standing counsel for dept

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the above said disallowance was made u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and ESI M/s. SYConE CPMC Private Limited Page 2 of 6 has been paid by the assessee beyond the due date prescribed in the respective Acts ... rejected the legal contentions of the assessee and accordingly dismissed the appeal. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond

Haldiram Foods International Pvt. Ltd, Mumbai vs. Asst., Director, CPC, Bengaluru

ITA 2059/MUM/2021[2019-20]Status: DisposedITAT Mumbai30 May 2022AY 2019-20

Bench: Shri Kuldip Singh & Shri Om Prakash Kantassessment Year: 2019-20 M/S. Haldiram Foods Asst. Director, Cpc International Pvt. Ltd., Centralised Processing A-204, Shyamkamal, Vs. Center, Agarwal Market, Income Tax Department, Mumbai – 400 0547 Bengaluru- 560500 Pan: Aaach3628L Karnataka (Appellant) (Respondent) Present For: Assessee By : Shri Hitesh P. Shah, A.R. Revenue By : Shri Chintamani V. Dingankar, D.R.

For Appellant: Shri Hitesh P. Shah, A.RFor Respondent: Shri Chintamani V. Dingankar, D.R

Section 139Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

record in the light of the facts and circumstances of the case and law applicable thereto. 5. Undisputedly, the assessee has deposited the employees contribution of PF and ESI after the due date prescribed under Act. It is also not in dispute that the assessee deposited employees contribution on account ... Patil Transporters Ltd. 368 ITR 749 by confirming the order passed by the Tribunal that deduction claimed by the assessee on account of employees contribution to PF & ESIC well before the due date of filing return of income is allowable deduction. 9. Hon’ble High Court of Bombay in case

Equipment Fabricators, Bangalore vs. Assistant Director of Income Tax, Central Processing Centre, Bengaluru

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

ITA 329/BANG/2022[2019-20]Status: DisposedITAT Bangalore30 May 2022AY 2019-20

Bench: Shri B. R. Baskaranassessment Year : 2019-20 M/S. Equipment Fabricators Asst. Director Of Income 136, Khajisonehalli Tax (Cpc) Kanamangala Post Post Box No. 1, Vs. Whitefiled-Hosakote Road Electronic City Post Office Bangalore 560067 Bengaluru 560010 Pan No : Aaafe4613P Appellant Respondent Appellant By : Shri B.S. Balachandran, Advocate Respondent By : Shri Ganesh R. Ghale, Advocate Standing Counsel For Revenue Date Of Hearing : 30.05.2022 Date Of Pronouncement : 30.05.2022 O R D E R Perb.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 30/07/2021Passed By Ld. Cit(A), National Faceless Appeal Centre, Delhi & It Relates To The Assessment Year 2019-20. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Rs.13,85,202/- , Being Employees Contribution To Provident Fund& Esi, Made U/S 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short].

For Appellant: Shri B.S. Balachandran, AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the above said disallowance was made u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and M/s. Equipment Fabricators Page 2 ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged ... Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed

Ashwath Reddy Nagabhushan Reddy, Bangalore vs. Jurisdictional AO, Ward-5(2)(1), Bangalore

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

ITA 134/BANG/2022[2018-19]Status: DisposedITAT Bangalore30 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year: 2018-19

For Appellant: NONEFor Respondent: Shri Ganesh R. Ghale, Standing counsel for dept

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the above said disallowance was made u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged the above said addition by filing ... assessee. I notice from the Statement of facts, wherein the details of payments are furnished, that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date

Sharan Fashions, Bengaluru vs. Income Tax Officer, Ward- 5(2)(4), Bangalore

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

ITA 133/BANG/2022[2018-19]Status: DisposedITAT Bangalore30 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year: 2018-19

For Appellant: Shri Raghavendra Nayak, A.RFor Respondent: Shri Ganesh R. Ghale, Standing counsel for dept

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

said disallowance was made u/s 36(1)(va) of Sharan Fashions, Bengaluru Page 2 of 6 the Act on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged the above ... Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed

Wave Mechanics Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-7(1)(2), Bengaluru

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

ITA 689/BANG/2021[2018-19]Status: DisposedITAT Bangalore30 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year: 2018-19 M/S. Wave Mechanics Pvt. Ltd. Dcit, Circle – 7(1)92) V-3, 1 Main, I Phase Bengaluru Peenya Industrial Area Vs. Bengaluru 560058 Pan No : Aaacw3621J Appellant Respondent Appellant By : Shri. Smt. Rashmi R., Advocate Respondent By : Shri Ganesh R. Ghale, Advocate Standing Counsel For Revenue. Date Of Hearing : 30.05.2022 Date Of Pronouncement : 30.05.2022 O R D E R Perb.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 11/10/2021Passed By Ld. Cit(A), National Faceless Appeal Centre, Delhi & It Relates To The Assessment Year 2018-19. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Rs.16,21,394/- , Being Employees Contribution To Provident Fund& Esi, Made U/S 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short].

For Appellant: Shri. Smt. Rashmi R., AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the above said disallowance was made u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and M/s. Wave Mechanics Pvt. Ltd. Page 2 ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee ... Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed

Paramount Health Services & Insurance Tpa Pvt. Ltd., Mumbai vs. CIT (A), Mumbai

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

ITA 2548/MUM/2021[2018-19]Status: HeardITAT Mumbai26 May 2022AY 2018-19

Bench: Shri Vikas Awasthy & Shri Amarjit Singhparamount Health Vs. Cit(A) Services & Insurance Tpa Nfac, Delhi Pvt. Limited, 1St Floor, Elite Auto House, 54-A, M Vasanji Marg, Mumbai – 400 069 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaccp4465H Appellant .. Respondent

For Appellant: Rajesh S. ShahFor Respondent: Vranda U. Matkari

Section 139Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

ITA No.2548/Mum/2021 A.Y.2018-19 1 Paramount Health Services & Insurance TPA Pvt.ltd. Vs. CIT(A) NFAC IN THE INCOME TAX APPELLATE TRIBUNAL

K P R Cars Private Limited, Mysore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

ITA 91/BANG/2022[2018-19]Status: DisposedITAT Bangalore26 May 2022AY 2018-19

Bench: Shri B. R. Baskaranassessment Year: 2018-19 M/S. K P R Cars Private Ltd. Deputy Commissioner Of No. 162, New Bannimantap Income Tax Extn., Mandi Mohalla Vs. Centralised Processing Mysore 570021 Centre Pan No : Aaeck3438R Bangalore Appellant Respondent Appellant By : Shri Hemant Pai, Ca Respondent By : Shri Ganesh R. Ghale, Advocate Standing Counsel For Department Date Of Hearing : 26.05.2022 Date Of Pronouncement : 26 .05.2022 O R D E R Perb.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 12/11/2021Passed By Ld. Cit(A), National Faceless Appeal Centre, Delhi & It Relates To The Assessment Year 2018-19. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Employees Contribution To Provident Fund& Esi Of Rs.21,63,054/- Made Under Section 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short] In Ay 2018-19. 2. The Assessee Filed Its Return Of Income For Ay 2018-19 On 28.03.2019. The Return Of Income Was Processed U/S 143(1) Of The Act, Wherein The Disallowance Of Rs. 21,63,054/- Was Made U/S 36(1)(Va) Of The Act On The Ground That The Employees Contribution M/S. Kpr Cars Private. Ltd. Page 2 To Pf & Esi Has Been Paid By The Assessee Beyond The Due Date Prescribed In The Respective Acts.

For Appellant: Shri Hemant Pai, CAFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed ... DCIT ((2014)(43 taxmann.com 33)(Kar), wherein the Hon’ble High Court has held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income

M/S. Surya Enterprise, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 310/BANG/2022[2019-20]Status: DisposedITAT Bangalore26 May 2022AY 2019-20

Bench: Shri B. R. Baskaranassessment Year: 2019-20 M/S. Surya Enterprise Assistant Director Of No. 50, Residency Road Income Tax Bangalore 560025 Vs. Central Processing Unit Pan No : Bangalore Aavfs2416H Appellant Respondent Appellant By : None Respondent By : Shri Ganesh R. Ghale, Advocate Standing Counsel For Department Date Of Hearing : 26.05.2022 Date Of Pronouncement : 26.05.2022 O R D E R Perb.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 03/12/2021Passed By Ld. Cit(A), National Faceless Appeal Centre, Delhi & It Relates To The Assessment Year 2019-20. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Employees Contribution To Provident Fund & Esi Of Rs.1,56,385/- Made U/S 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short]

For Appellant: NoneFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

wherein the above said disallowance was made u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 4. The assessee challenged the above said additionby filing appealbefore ... filed this appeal before us. 5 I notice that the assessee has contended before Ld CIT(A) that it has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond

Gayathri Papanna, Bengaluru vs. Deputy Commissioner of Income Tax, Centralised Processing Centre, Bangalore

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

ITA 280/BANG/2022[2019-20]Status: DisposedITAT Bangalore26 May 2022AY 2019-20

Bench: Shri B. R. Baskaranassessmentyear:2019-20 Gayathri Papanna Deputy Commissioner Of #67 4Th Cross, 2Nd Main Income Tax Hosahalli Centralised Processing Centre Vs. Vijayanagar Bangalore Bengaluru 560040 Pan No : Brypp3124J Appellant Respondent Appellant By : Shri. R.E. Balasubramaniam, Ca Respondent By : Shri Ganesh R. Ghale, Advocate Standing Counsel For Department Date Of Hearing : 25.05.2022 Date Of Pronouncement : 26.05.2022 O R D E R Perb.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 03/12/2021Passed By Ld. Cit(A), National Faceless Appeal Centre, Delhi & It Relates To The Assessment Year 2019-20. The Solitary Issue Urged In This Appeal Relates To Disallowance Of Rs.11,20,008/- , Being Employees Contribution To Provident Fund& Esi, Made Under Section 36(1)(Va) Of The Income-Tax Act,1961 ['The Act' For Short] In Ay 2019-20. 2. The Assessee Filed Its Return Of Income For Ay 2019-20 On 13.10.2019. The Return Of Income Wasprocessed U/S 143(1) Of The Ac, Wherein The Disallowance Of Rs.11,20,008/- Was Made U/S Gayathri Papanna Page 2 36(1)(Va) Of The Act On The Ground That The Employees Contribution To Pf & Esi Has Been Paid By The Assessee Beyond The Due Date Prescribed In The Respective Acts.

For Appellant: Shri. R.E. Balasubramaniam, CAFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

disallowance of Rs.11,20,008/- was made u/s Gayathri Papanna Page 2 36(1)(va) of the Act on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged the above ... Aggrieved, the assessee has filed this appeal before us. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond the due date prescribed

N. Narasimha Murthy, Bengaluru vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, both the appeals filed by the assessee are allowed

ITA 237/BANG/2022[2019-20]Status: DisposedITAT Bangalore26 May 2022AY 2019-20

Bench: Shri B. R. Baskaran

For Appellant: Smt Sumangala Ranga, AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)

amounts mentioned in the preceding paragraph was made in respective years u/s 36(1)(va) of the Act on the ground that the employees contribution to PF and ESI has been paid by the assessee beyond the due date prescribed in the respective Acts. 3. The assessee challenged the additions ... years. Aggrieved, the assessee has filed these appeals before the Tribunal. 4. The learned AR submitted that the assessee has remitted the employees contribution of PF & ESI before the due date prescribed u/s 139(1) of the Act, even though the contributions were paid in few instances beyond

N. Narasimha Murthy, Bengaluru vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, both the appeals filed by the assessee are allowed

ITA 236/BANG/2022[2018-19]Status: DisposedITAT Bangalore26 May 2022AY 2018-19

Bench: Shri B. R. Baskaran

For Appellant: Smt Sumangala Ranga, AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate

Section 139(1)Section 143(1)Section 36Section 36(1)(va)