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“Section 2(24)”

Section References (mined)Section 2Section 2(24)1,946 judgments

The decision most relied on for Section 2(24) is CIT v. AIMIL Ltd. (321 ITR 508), cited in 1,629 judgments on BharatTax.

Leading authorities on Section 2(24)

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.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

(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. Ponni Sugars & Chemicals Ltd.
306 ITR 392 · 2008 · Supreme Court
577
citing judgments

The "Purpose Test" determines whether an incentive or subsidy is a capital or revenue receipt for income tax purposes. If the incentive's purpose is to enable an assessee to set up a new industry or make investments in capital assets, it is a capital receipt and not taxable.

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).

Judgments citing Section 2(24)

Mahindra and Mahindra Financial Services Limited, Mumbai vs. Deputy Commissioner of Income Tax Circle 7(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1928/MUM/2021[2019-20]Status: DisposedITAT Mumbai12 May 2023AY 2019-20
Section 143(1)Section 143(1)(a)Section 2Section 36Section 36(1)(va)Section 43B

long periods. That Parliament intended to retain the separate character of these two amounts, is evident from the use of different language. Section 2(24)(x) too, deems amount received from the employees (whether the amount is received from the employee or by way of deduction authorized by the statute ... crucial. The former forms part of the employers' income, and the later retains its character as an income (albeit deemed), by virtue of section 2(24)(x) - unless the conditions spelt by Explanation to section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee

Anibrain Digital Technologies Pvt Ltd, Pune vs. Dy Comm of Income Tax, CPC, Income Tax Dep., Bangalore

In the result, appeal of the Assesses is partly allowed

ITA 198/MUM/2023[2018-19]Status: DisposedITAT Mumbai10 May 2023AY 2018-19

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleanibrain Digital Technologies V. Dcit Private Limited Centralized Processing Centre B1, 4Th Floor, Cerebrum It Park Income-Tax Department Kalyani Nagar, Pune- 411014 Bangalore- Pan: Aafca6342K (Appellant) (Respondent) Assessee Represented By : Shri Praveen Jain Department Represented By : Shri Manoj Kumar Sinha

Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

specifically inserted by the Finance Act, 1987, with effect from 1-4-1988. Through the same amendment, by section 3(b), section 2(24) which defines various kinds of "income" inserted clause (x). This is a significant amendment, because Parliament intended that amounts not earned by the assessee, but received ... separately dealt with in different clauses of section 36(1). All these establish that Parliament. While introducing section 36(1)(va) along with section 2(24)(4), was aware of the distinction between the two types of contributions. There was a statutory classification, under the IT Act, between

Narayan Devarajan Iyengar, Mumbai vs. Income Tax Officer, International Tax, Ward 2(2)(1), Mumbai

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

ITA 106/MUM/2023[2015-16]Status: DisposedITAT Mumbai10 May 2023AY 2015-16

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

For Appellant: Dr. K. Shivaram a/wFor Respondent: Shri Dilip K. Shah
Section 142(1)Section 143(2)Section 144CSection 144C(13)Section 144C(5)Section 147Section 148

corpus fund towards hardship caused to flat owners on redevelopment, impugned amount has to be treated as capital receipt simplicitor which as per Section 2(24)(vi) of the Act is not taxable as income of the assessee. In this regard, we find it profitable to reproduce para ... considered view, assessee could not be said to be of revenue nature, and, accordingly, the same is outside the ambit of income under section 2(24) of the Act. The impugned receipt ends up reducing the cost of acquisition of the asset, i.e. flat, and, therefore, the same will

ITO Ward-4(1)(3), Mumbai vs. M/S Ashik Wollen Mills Limited, Mumbai

In the result, this appeal of revenue is allowed in terms indicated here

ITA 3021/MUM/2022[2011-2012]Status: FixedITAT Mumbai10 May 2023AY 2011-2012
Section 143(1)Section 144Section 147Section 148Section 41(1)

charging Section, the charge of income tax is upon the "total income of the previous year". The term “income‟ is defined under Section 2(24) of the Act. In general, all receipts of revenue nature, unless specifically exempted are chargeable to tax. Loan taken is not normally a kind ... treatment is not decisive of the nature or tax implications of transaction. On a careful reading of income-tax law, we find that section 2(24) prescribes thus: “(24) “income” includes- Page 17 of 20 M/s Ashik Woolen Mills Limited, ITA No. 3021/Mum/2022 and CO No. 10/Mum/2023 Assessment year

Anang Pal Jawla, Haryana vs. Circle 1, Faridabad

In the result, appeal of the assessee is dismissed

ITA 579/DEL/2022[2019-20]Status: DisposedITAT Delhi10 May 2023AY 2019-20

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2019-20 Anang Pal Jawla, Vs Ao, Advocate Vijay Kumar Gupta, Circle-1, Opp. Jain Mandir, Faridabad. Main Bazar, Faridabad, Haryana – 121 004. Pan: Aqapj1168Q (Applicant) (Respondent) Assessee By : None Revenue By : Shri Bhupendera Anant, Sr. Dr Date Of Hearing : 09.05.2023 Date Of Pronouncement : 10.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.579/Del/2022 For Ay 2019-20 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2021-22/1040963669(1) Dated 17.03.2022 Against The Order Of Assessment Passed U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 07.07.2020 By The Ld. Acit, Cpc (Hereinafter Referred To As ‘Ld. Ao’). 2. None Appeared On Behalf Of The Assessee. Since The Issue Is Already A Covered Issue, We Proceed To Dispose Of This Appeal On Hearing The Ld. Dr & Based On Materials Available On Record.

For Appellant: NoneFor Respondent: Shri Bhupendera Anant, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

crucial. The former forms part of the employers' income, and the later retains its character as an income (albeit deemed), by virtue of section 2(24)(x) - unless the conditions spelt by Explanation to section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee

Dhruv Buildcon Pvt. Ltd., Kota vs. CIT(A), Udaipur-2, Udaipur

In the result, all the three appeals of the assessee in ITA No

ITA 86/JPR/2023[2014-15]Status: DisposedITAT Jaipur10 May 2023AY 2014-15

Bench: Ao Who Ignored The Same.

For Appellant: Shri B.A. Maheshwari, CAFor Respondent: Smt. Runi Pal, Addl.CIT
Section 139Section 143(3)Section 154Section 36(1)(va)Section 43B

case of employee’s contribution which were deducted from their income and was held in trust by assessee-employer as per section 2(24)(x), thus said clause would not absolve assessee employer from its liability to deposit employees contribution on or before due date as a condition for deduction ... from employees is not deposited in respective accounts within due date of the respective Acts is deemed income of the assessee as per Section 2(24(x). Therefore, claiming this amount as expenditure by the assessee is an incorrect claim as per law. The action of the Assessing Officer found

Bhanu Parkash Bansal, Jaipur vs. ITO, Ward2(3), Jaipur

In the result, all the three appeals of the assessee in ITA No

ITA 133/JPR/2023[2018-19]Status: DisposedITAT Jaipur10 May 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: None (E written submission)For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 5

received by the taxpayer/ employer from his employee. Therefore, for considering such question, application of Section 36(1)(va) red with Section 2(24)(x) alone in the proper course and other interpretation would only defect the object and scope of both the provisions ... crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee

M/S Mantra Exports Pvt Ltd, Mumbai vs. Dy. Commissioner of Income Tax-CPC, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 510/MUM/2023[2018-2019]Status: DisposedITAT Mumbai08 May 2023AY 2018-2019
Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36Section 36(1)(v)Section 438Section 43B

approach indicated in the ruling in Alom Extrusions. As noticed previously, Alom Extrutions did not consider the fact of the introduction of Section 2(24)(x) or in fact the other provisions of the Act. 52. When Parliament introduced Section 43B, what was on the statute book, was only employer ... Rajasthan High Court). 32 Parliament intended to retain the separate character of these two amounts, is evident from the use of different language. Section 2(24)(x) too, deems amount received from the employees (whether the amount is received from the employee or by way of deduction authorized

M/S. Centrum Microcredit Limited, Mumbai vs. ADIT Centralized Processsing Center, Bengaluru

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

ITA 1602/MUM/2021[2019-20]Status: DisposedITAT Mumbai08 May 2023AY 2019-20

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2019-2020 Centrum Microcredit Ltd., Asstt. Director Of Income Tax, 801, Centrum House, Cpc, Bengaluru-560500. Vs. Vidyanangari, Santacruz (East), Mumbai-400098. Pan No. Aafcn 3506 L Appellant Respondent Assessee By : Mr. Ravikant S. Pathak Revenue By : Smt. Mahita Nair, Dr : Date Of Hearing 28/04/2023 : Date Of Pronouncement 08/05/2023 Order

For Appellant: Mr. Ravikant S. PathakFor Respondent: Smt. Mahita Nair, DR
Section 2(24)(x)Section 36(1)(va)

State Insurance Insurance Corporation (SIC) aggregating to Rs.55,845/ Corporation (SIC) aggregating to Rs.55,845/- under section under section 36(1)(va) r.w. section 2(24)(x) of the Income Tax Act, 1961 ) r.w. section 2(24)(x) of the Income Tax Act, 1961 ) r.w. section 2(24

Kamal Dixit, Haryana vs. AO Ward-2, Sonepat

In the result, appeal of the assessee is dismissed

ITA 846/DEL/2022[2018-19]Status: DisposedITAT Delhi08 May 2023AY 2018-19

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2018-19 Kamal Dixit, Vs Ao, 240, Vpo-Bhainsra Wali, Ward-2, Ballabgarh, Sonepat. Faridabad, Haryana – 121 004. Pan: Astpd3725G (Applicant) (Respondent) Assessee By : None Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 01.05.2023 Date Of Pronouncement : 08.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.846/Del/2022 For Ay 2018-19 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2021-22/1035026042(1) Dated 23.08.2021 Against The Order Of Assessment Passed U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 23.03.2020 By The Ld. Acit, Cpc (Hereinafter Referred To As ‘Ld. Ao’). 2. At The Outset, We Find That The Appeal Preferred By The Assessee Before Us Is Delayed By 189 Days. In View Of The Relaxation Provided By The Hon’Ble Supreme Court In The Light Of Covid 19 Pandemic, We Deem It Fit To Condone The Delay & Admit The Appeal For Adjudication.

For Appellant: NoneFor Respondent: Shri Anuj Garg, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

crucial. The former forms part of the employers' income, and the later retains its character as an income (albeit deemed), by virtue of section 2(24)(x) - unless the conditions spelt by Explanation to section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee

ITO, Ward-1(Exemption), Patna vs. Aishwarya Foundation, Patna

In the result, the appeal is allowed

ITA 103/PAT/2020[2014-15]Status: DisposedITAT Patna03 May 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 103/Pat/2020 Assessment Year: 2014-15 Income Tax Officer, Ward-1, Aishwarya Foundation, Patna Exemption Vs 46, Patliputra Colony Near Sahyog Hospital Patliputra Colony Patna - 800013 [Pan: Aacta0834A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Rupesh Agrawal, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 03/05/2023 आदेश/O R D E R Per Sonjoy Sarma: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Patna, (Hereinafter The “Ld. Cit(A)”) Dt. 10/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Sole Issue Raised By The Department Before Us In The Instant Lis Relates To The Deletion Of Addition Of Rs.2,61,72,000/- By The Ld. Cit(A) Made By The Assessing Officer In The Assessment Framed U/S 143(3) Of The Act On 30/12/2016 On Account Of Alleged Anonymous Donations Made U/S 115Bbc Of The Act. 3. Brief Facts Of The Case Are That The Assessee Trust Is A Charitable Organization Registered U/S 12Aa Of Act. It Filed Its Return Of Income For The Year Under Consideration On 24/06/2015 Declaring Total Income At ‘Nil’. Case Of Assessee Was Selected For Scrutiny Through Cass Followed By Issuance Of Notice U/S 143(2) & 142(1) Of The Act. During The Course Of Assessment Proceedings, The Assessing Officer Noted From The Income & Expenditure Account That The Assessee Had Shown Income At Rs.2,61,72,000/- Which Was Received As Donation & Incurred Expenses To The Tune Of Rs.2,22,47,910/- Which Resulted In Income Over Expenditure At

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. D/R
Section 115BSection 12ASection 143(2)Section 143(3)Section 250

income and investment in specified modes. Anonymous donation has been defined in the new section to mean any voluntary contribution referred to in section 2(24) (iia) of the Act, where a person receiving such contribution does not maintain a record of the identity indicating the name and address ... particulars as maybe prescribed." To be excluded from the definition of expression "anonymous donation" the person receiving the voluntary contributions referred to in section 2(24) (iia) is required to maintain a record of identity indicating the name and address of the contributor and such other particulars

Cane Development Council Titawi, Muzaffarnagar vs. ITO, Ward- 1(2), Muzaffarnagar

In the result, appeal of the assessee is allowed

ITA 4356/DEL/2019[2014-15]Status: DisposedITAT Delhi03 May 2023AY 2014-15
Section 10(20)Section 142(1)Section 143(3)Section 2(24)Section 234A

that very purpose. No surpluses were created. The Tribunal after examining the matter has come to the conclusion that the provisions of Section 2(24) of the Act would not cover such grant in aid to be included as an income for reasons that it cannot be naturally imputed that

M/S Ready Roti India Pvt. Ltd., F-28, Riico Industrial Area, Sare Khurd, Alwar vs. ACIT/DCIT, Circle-6, Jaipur

In the result, all the three appeals of the assessee in ITA No

ITA 94/JPR/2023[2017-18]Status: DisposedITAT Jaipur03 May 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. RuniPal, Addl. CIT-DR
Section 2Section 28Section 36(1)Section 36(1)(va)Section 43B

After hearing learned counsel for the parties, we have carefully examined the above statutory provisions of the Act including the definition of sections 2(24)(x) and s. 36(1)(va) and 43B(b), which read thus : "2.(24) 'income' includes,— . . . 4 M/S. READY ROTI INDIA PVT LTD. VS ACIT ... crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee

Ravi Agarwal, Jaipur vs. DCIT Circle 7, Jaipur

In the result, all the three appeals of the assessee in ITA No

ITA 72/JPR/2023[2019-20]Status: DisposedITAT Jaipur03 May 2023AY 2019-20

Bench: The Due Date Of Filing Of Itr. 2. The Ld. Cit(A) Erred In Law & On Facts Of Confirming The Addition Of Rs.22,995/- Being Double Addition Of Speculative Income.’’

For Appellant: Shri Vivek Bhargava, CAFor Respondent: Smt. Monisha Choudhary, Addl.CIT
Section 2(24)(x)Section 3Section 36(1)(va)

crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee ... Appeal No.9009 of 2021 [2023] 147 taxmann.com 202 SC)]. The relevant head note is reproduced as under:- Section 36(1)(va), read with section 2(24) and 43B of the Income Tax Act – Employee’s contributions (PF/ESI) – High Court by impugned order held that Tribunal was correct in deleting disallowance

A September Home Lifestyle Private Limited, Jaipur vs. ITO Ward 1(1), Jaipur

In the result, all the three appeals of the assessee in ITA No

ITA 40/JPR/2023[2018-19]Status: DisposedITAT Jaipur03 May 2023AY 2018-19

Bench: Due Date Of Deposit As Mentioned In Relevant Act Despite The Fact That The Amount Was Deposited In The Relevant Fund Before Due Date Of Filing Of Income Tax Return Under Income Tax Act, 1961.’’

For Appellant: Shri Mudit Jain, CAFor Respondent: Ms. Chanchal Meena, Addl. CIT-DR
Section 143(1)Section 36(1)(iv)Section 36(1)(va)Section 43B

crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee ... specifically inserted by the Finance Act,1987, w.e.f. 01-04-1988. Through the same amendment, by Section 3(b), Section 2(24) – which defines various kinds of “income” – inserted clause (x). This is a significant amendment, because Parliament intended that amounts not earned by the assessee, but received

Swastic Oil Industries, Jaipur vs. ACIT Circle -7, Jaipur

In the result the appeal of the assessee in ITA No

ITA 35/JPR/2023[2019-20]Status: DisposedITAT Jaipur02 May 2023AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

For Appellant: Shri Devang Gargieya, AdvFor Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(1)Section 234ASection 36(1)(va)Section 37(1)Section 43B

crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee ... Appeal No.9009 of 2021 [2023] 147 taxmann.com 202 SC)]. The relevant head note is reproduced as under:- Section 36(1)(va), read with section 2(24) and 43B of the Income Tax Act – Employee’s contributions (PF/ESI) – High Court by impugned order held that Tribunal was correct in deleting disallowance

Swastic Oil Industires, Jaipur vs. ACIT Circle -7, Jaipur

In the result the appeal of the assessee in ITA No

ITA 34/JPR/2023[2018-19]Status: DisposedITAT Jaipur02 May 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

For Appellant: Shri Devang Gargieya, AdvFor Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(1)Section 234ASection 36(1)(va)Section 37(1)Section 43B

crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee ... Appeal No.9009 of 2021 [2023] 147 taxmann.com 202 SC)]. The relevant head note is reproduced as under:- Section 36(1)(va), read with section 2(24) and 43B of the Income Tax Act – Employee’s contributions (PF/ESI) – High Court by impugned order held that Tribunal was correct in deleting disallowance

Dynasty Modular Furnitures Private Limited, Jaipur vs. DCIT Central Circle-1, Jaipur

In the result, all the three appeals of the assessee in ITA No

ITA 99/JPR/2023[2020-21]Status: DisposedITAT Jaipur01 May 2023AY 2020-21

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rohan Sogani, CAFor Respondent: Shri A.S. Nehra, Addl. CIT
Section 139(1)Section 143(1)Section 143(1)(a)Section 2Section 2(24)(x)Section 36(1)(va)

account of employees contribution to ESI and PF by invoking the provisions of Section 36(1)(va) read with Section 2(24(x) of the Act was correct or not. (ii) The claim of the appellant as per the written submission that the disallowance was not indicated in the Audit ... should be allowed as the amount is paid before filing of return of income. However, under the provisions of Section 2(24)(x) of the Act, the contributions from employees are deemed income and subject to tax in the hands of the employer and the employer will not get deduction

Newage Fire Protection Pvt Ltd, Mumbai vs. Commissioner of Income Tax Appeals. National Faceless Appeal, Mumbai

ITA 487/MUM/2023[2018-2019]Status: DisposedITAT Mumbai28 Apr 2023AY 2018-2019

Bench: Shri Kuldip Singh & Shri Gagan Goyal

For Appellant: Shri Jeet Kamdar, A.RFor Respondent: Shri Chetan M. Kacha, D.R
Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36Section 36(1)(va)

Rs.3,38,093/- for A.Y. 2018-19 & 2019-20 respectively on account of disallowance under section 36(1)(va) read with section 2(24)(x) of the Act on account of delay in depositing employees’ contribution towards Provident Fund (PF), Employee’s State Insurance Corporation (ESIC) and superannuation fund ... account of PF, ESIC contribution & superannuation fund etc. after due date prescribed under the Act under section 36(1)(va) read with section 2(24)(x) of the Act but certainly before the due date of filing the return. 6. The Ld. A.R. for the assessee company challenging the impugned

Newage Fire Protection Engineers Pvt Ltd, Mumbai vs. Commissioner of Income Tax Appeas National Faceless Appeal, Mumbai

ITA 486/MUM/2023[2019-20]Status: DisposedITAT Mumbai28 Apr 2023AY 2019-20

Bench: Shri Kuldip Singh & Shri Gagan Goyal

For Appellant: Shri Jeet Kamdar, A.RFor Respondent: Shri Chetan M. Kacha, D.R
Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36Section 36(1)(va)

Rs.3,38,093/- for A.Y. 2018-19 & 2019-20 respectively on account of disallowance under section 36(1)(va) read with section 2(24)(x) of the Act on account of delay in depositing employees’ contribution towards Provident Fund (PF), Employee’s State Insurance Corporation (ESIC) and superannuation fund ... account of PF, ESIC contribution & superannuation fund etc. after due date prescribed under the Act under section 36(1)(va) read with section 2(24)(x) of the Act but certainly before the due date of filing the return. 6. The Ld. A.R. for the assessee company challenging the impugned