M/S. IV Sanctum, Bengaluru vs. Additional Director of Income Tax, CPC, Bengaluru
In the result, appeal of the assessee is dismissed
ITA 986/BANG/2022[2019-20]Status: DisposedITAT Bangalore24 Nov 2022AY 2019-20
Bench: Shri N. V. Vasudevanassessment Year : 2019-20 M/S. Iv Sanctum, Vs. The Assistant Director Of Income Tax, #18/19, 4Th Cross, 5Th Main, Cpc, Gandhinagar, Bengaluru. Bengaluru – 560 009. Pan : Aawfm 3697 H Appellant Respondent Assessee By : Ms. Sunaina Bhatia, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 29.09.2022, Relating To Assessment Year 2019-20. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Making A Disallowance On Delayed Payment Of Employee’S Contribution To Esi & Pf Of Rs.4,94,192/- Made By The Assessee Beyond The Due Date By Invoking The Provisions Of Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. On The Above Issue, It Is Not Disputed That As Per The Decision Of The Hon’Ble Supreme Court Rendered In The Case Of Checkmate Services Pvt Ltd Vs Cit-1 In Civil Appeal 2833/2016 Vide Its Judgment Dated 12 October 2022 Decided The Issue On Allowability/Treatment Of ‘Delayed’ Employee Pf Contribution Payment In Hands Of Assessee Under Provisions Page 2 Of 4
For Appellant: Ms. Sunaina Bhatia, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B