Section 143(1)(a)(ii) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(1)(a)(ii) falls under section 143 of the Income-tax Act, 1961, which corresponds to section 270 (Assessment) of the Income-tax Act, 2025.

Read section 270 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 143(1)(a)(ii) is CIT v. Bharat Hotels Ltd. (410 ITR 417), cited in 486 of the 97 judgments on BharatTax that turn on this section.

Leading authorities on Section 143(1)(a)(ii)

CIT v. Bharat Hotels Ltd.
410 ITR 417 · 2019 · High Court
486
citing judgments

Employee contributions to provident fund and ESI, if paid beyond the due date prescribed by the respective welfare fund statutes, are not allowed as a deduction under the Income Tax Act.

Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.
373 ITR 661 · 2015 · Supreme Court
61
citing judgments

Reopening of assessment beyond four years under Section 147 requires strict satisfaction of conditions precedent, including fresh tangible material, and cannot be based on a mere change of opinion from the original assessment. Further, debatable or interpretational issues cannot be adjusted during processing under Section 143(1).

Cemetile Industries v. ITO
145 Taxmann.com 209 · 2022 · ITAT
25
citing judgments

Where an assessee-employer deposits the employees' share of contribution towards provident fund and ESI beyond the statutory due dates, disallowance under section 36(1)(va) is justified, and such disallowance is a proper adjustment under section 143(1)(a).

Ms. Nalina Dyave Gowda v. Asstt. DIT
146 Taxmann.com 420 · 2023 · ITAT
23
citing judgments

Disallowance of employees' contribution to ESI and PF made under section 143(1)(a) is valid if paid beyond the due date prescribed by the respective Acts, even if paid before the due date for filing the return of income under section 139(1).

Premier Irrigation Adritec (P.) Ltd. v. ACIT
146 Taxmann.com 389 · 2023 · ITAT
14
citing judgments

Interest paid or incurred on the late deposit of Tax Deducted at Source (TDS) is not an allowable expenditure.

Savleen Kaur v. Income-tax
147 Taxmann.com 402 · 2023 · High Court
11
citing judgments

The Central Processing Centre (CPC) is empowered to disallow delayed payments of PF/ESIC under Section 143(1) of the Income Tax Act. This disallowance is valid even if the original assessment was framed under Section 143(3).

Suresh Electricals v. Deputy Commissioner of Income-tax
146 Taxmann.com 102 · 2023 · ITAT
6
citing judgments
Diversified 10 VPSSR Facilities v. ITO Services Vs Income Tax Officer
150 Taxmann.com 384 · 2023 · High Court
6
citing judgments
Tarun Consruction Co. v. ITO
157 Taxmann.com 727 · 2023 · Reported
6
citing judgments
Niranjan Lal Ram Chandra v. CIT
134 ITR 352 · 1982 · High Court
5
citing judgments

Judgments on Section 143(1)(a)(ii)

Varadayampalayam Primary Agricultural Cooperative Credit Society, Coimbatore vs. Income Tax Officer, Coimbatore

The appeal stand partly allowed for statistical purposes

ITA 2799/CHNY/2024[2018-2019]Status: DisposedITAT Chennai03 Feb 2025AY 2018-2019

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.2799/Chny/2024 (िनधा'रणवष' / Assessment Year: 2018-19) Varadayampalayam Primary Agricultural Ito बनाम/ Co-Operative Credit Society Non-Corporate Ward-1(4), #31, Kattampatty, Ss Kullam Via Coimbatore. Vs. Coimbatore Dist. 641 107. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabak-0997-N (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. R. Reshma (Advocate) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Ashwin D. Gowda (Addl.Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27-01-2025 घोषणाकीतारीख /Date Of Pronouncement : 03-02-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of The Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals), Thane [Cit(A)] Dated 26-09-2024 In The Matter Of An Intimation Issued By Cpc U/S 143(1) Of The Act On 30-09-2020. 2. In The Intimation U/S 143(1), The Assessee Was Denied Deduction U/S 80P For Rs.2.06 Lacs Since The Return Of Income Was Filed With A Delay. The Assessee Filed Return Of Income On 31-03-2019 Which Was Processed U/S 143(1) On 30-09-2020 Denying Impugned Deductions To The Assessee. During Appellate Proceedings, The Assessee Relied On Certain Case Laws

For Appellant: Ms. R. Reshma (Advocate) - Ld.ARFor Respondent: Shri Ashwin D. Gowda (Addl.CIT) - Ld. Sr. DR
Section 139Section 139(1)Section 142Section 143Section 143(1)Section 143(1)(a)Section 80Section 80ASection 80P