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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)

Maxx Solutions, Gurgaon vs. CPC, Bengaluru

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

ITA 1032/DEL/2021[2019-20]Status: DisposedITAT Delhi29 Nov 2021AY 2019-20

Bench: Shri R.K. Pandaassessment Year: 2019-20 Maxx Solutions, Vs. Cpc, 958-960, Tower Bi, Bengaluru. 9Th Floor, Sapaze It Park, Sohna Road, Sector-49, Gurgaon. Pan: Aavfm7455N (Appellant) (Respondent) Assessee By : Shri Ashish Agarwal, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 15.11.2021 Date Of Pronouncement : 29.11.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22Nd July, 2021 Of The National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 26Th October, 2019 Declaring Total Income At Rs.18,50,524/-. The Return Was Processed By The Cpc, Bangalore U/S 143(1) Of The Act On 06.03.2020 Wherein Disallowance Of Rs.5,78,203/- Was Made As Per Provisions Of Section 36(1)(Va) On Account Of Delayed Payment Of Employees’ Contribution To Pf & Esi. In Appeal, The Ld.Cit(A), Relying On Various Decisions, Upheld The Action Of The Ao. 3. Aggrieved With Such Order Of The Cit(A), The Assessee Is In Appeal Before The Tribunal By Raising The Following Grounds:- “ The Ld. Cit(A) Was Wrong In Confirming Addition Of Rs.5,78,203/- U/S 36(1)(Va) Of The It Act, 1961 Without Any Base.”

For Appellant: Shri Ashish Agarwal, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)Section 36(1)(va)

2 Development Engineers Ltd. (supra) has decided the issue in favour of the assessee holding that no disallowance u/s 36(1)(v) r.w.s. Section 2(24)(x) can be made if the employees’ contribution to PF and ESI are deposited after the due date prescribed under the relevant Acts ... filing of the return of income, therefore, respectfully following the decisions cited (supra), I hold that no disallowance u/s 36(1)(v) r.w.s. Section 2(24)(x) can be made in the instant case. Accordingly, the order of the CIT(A) is set aside and the grounds raised

Sunil Prakash, Faridabad vs. DCIT CPC, Bengaluru

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

ITA 727/DEL/2021[2018-19]Status: DisposedITAT Delhi24 Nov 2021AY 2018-19

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2018-19 Sunil Prakash, Vs. Dcit, C/O Rra Taxindia, Cpc, D-28, South Extension Part-1, Bengaluru. New Delhi. Pan: Afvpp5777K (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta & Shri Somil Aggarwal, Advocates Revenue By : Shri Prakash Dubey, Sr.Dr Date Of Hearing : 23.09.2021 Date Of Pronouncement : 24.11.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25Th May, 2021 Of The National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2018-19. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Engaged In The Business Of Manufacturing Of Diesel Generating Set & Also Is A Contractor. He Filed His Return Of Income On 30.11.2018 Declaring An Income Of Rs.6,97,72,959/-. The Cpc, Bangalore, Issued Intimation U/S 143(1) Of The Act On 15Th December, 2019 Making An Addition Of Rs.1,43,36,615/- For Late Deposit Of Employees’ Contribution To Pf & Esi. In Appeal, The Ld.Cit(A) Upheld The Action Of The Ao On The Ground That Although The Payment Has Been Made Before Due Date Of Filing Of The Return, But, Same Has Not Been Deposited Within The Due Date Prescribed Under The Respective Acts.

For Appellant: Dr. Rakesh Gupta &For Respondent: Shri Prakash Dubey, Sr.DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)

Development Engineers Ltd. (supra) has decided the issue in favour of the assessee holding that no disallowance u/s 36(1)(v) r.w.s. Section 2(24)(x) can be made if the employees’ contribution to PF and ESI are deposited after the due date prescribed under the relevant Acts, but, paid ... return of income, therefore, respectfully following the decisions cited (supra), we hold 3 that no disallowance u/s 36(1)(v) r.w.s. Section 2(24)(x) can be made in the instant case. Accordingly, the order of the CIT(A) is set aside and the grounds raised by the assessee