Cosmos Industries Limited Vs ACIT Circle-4(2), Delhi

Parties Involved

Facts Summary

This appeal by Cosmos Industries Limited, the assessee, arises from the order passed by the learned Commissioner of Income-tax (Appeals)-4, Mumbai against the order passed under section 143(1) of the Income-tax Act, 1961 for assessment year 2019-20. The main grievance of the assessee is that the due date of deposit of employees’ contribution of PF and ESI should be reckoned from the month in which the salary has been actually disbursed rather than the month for which the salary relates. The Bench directed the AO to verify the correctness of the claim of the assessee with regard to the due dates for remittance for each month and the actual date of remittance thereon and decide the issue in accordance with law in the light of decision of Hon’ble Supreme Court in the case of Checkmate Services Pvt. Ltd Vs. CIT reported 448 ITR 518 (SC).…

Legal Issues

• 1. Due date of deposit of employees’ contribution of PF and ESI

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• ITA No. 1239/Del/2023

  Delhi bench

• E Factor Adventure Tourism P. Ltd. Vs. Deputy Commissioner of Income Tax

  Delhi Bench benchAY 2017-18Partly Allowed

• Subodh Kumar Agarwal vs. Deputy Commissioner of Income Tax, CPC Bengaluru

  Mumbai bench

• Kachan Metals Pvt. Ltd. vs. DY. CIT, Circle -8(1)

  Kolkata benchAY 2022-23Allowed

• Pinnacle Vastunirman Private Limited vs. DCIT, Circle-4, Pune

  Pune bench

• Trio Security And Intelligence Private Limited Vs. Assessing Officer

  Delhi Bench benchAY 2021-22Allowed