SC: Section 22 of Hindu Succession Act Preference For Class-I Heirs Applies to Agricultural Land  ||  Supreme Court: Refund Clause in Sale Agreement Does Not Extinguish Right to Specific Performance  ||  SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred  ||  Madras HC: Coordinate Bench Cannot Reopen Issue Already Settled by Another Division Bench  ||  Delhi HC Urges Law to Regulate Media, Notes Anyone with a Mobile Phone Can Claim to be a Journalist  ||  CCI Rejects Allegations of Collusion Involving Reliance Jio and More Than 4,500 Entities  ||  Allahabad HC: Working Mother with Child Custody Cannot Shift Entire Maintenance Liability to Father  ||  Bombay HC: Possessory Suit U/S 6 of the SRA is Maintainable Despite a Licensor-Licensee Relationship  ||  Del HC: Master's Candidates Without the Prescribed Bachelor's Degree are Ineligible as Govt Teacher  ||  Cal HC: BSF Cannot Deny DIG Rank to an Officer Injured in 1995 Road Accident After Earlier Promotion    

Asia Seeds India Private Limited vs. Assistant Commissioner Of Income Tax - (Income Tax Appellate Tribunal) (07 Feb 2022)

Assessee would be entitled to deduction, when Employees' contribution to PF and ESI, is paid before the due date of filing of the return of income under Section 139(1) of the I.T. Act

MANU/IL/0073/2022

Direct Taxation

Present appeals at the instance of the assessee are directed against two orders of the CIT(A). The ground raised in both the appeals is identical, i.e., whether the CIT(A) is justified in disallowing employees' contribution to PF & ESI, which was paid before the due date of filing of the return of income under Section 139(1) of the Income Tax Act, 1961 (I.T. Act).

On identical facts, the Bangalore Bench of the Tribunal in the case of Shakuntala Agarbathi Company Vs. DCIT by following the dictum laid down by the High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT had 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 under Section 139(1) of the I.T. Act. It was further held by the ITAT that amendment by Finance Act, 2021, to Section 36[1][va] and 43B of the Act is not clarificatory.

The amended provisions of Section 43B as well as 36(1)(va) of the I.T. Act are not applicable for the assessment years under consideration. By following the binding decision of the Hon'ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT, the employees' contribution paid by the assessee before the due date of filing of return of income under Section 139(1) of the I.T. Act is an allowable deduction. Accordingly, the issue is decided in favour of the assessee and the disallowance made by the Assessing Officer is deleted. Appeals filed by the assessee are allowed.

Tags : DEDUCTION   DISALLOWANCE   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved