Kachan Metals Pvt. Ltd. vs. DY. CIT, Circle -8(1)
Parties Involved
Facts Summary
The assessee, Kachan Metals Pvt. Ltd., filed a return of income declaring a total income of ₹5,57,87,617/-. The return was processed under section 143(1) of the Act, and a disallowance of ₹5,18,414/- was made for delayed payment of ESI and EPF. This disallowance was made under section 36(1)(va) of the Act because the payments were not made within the due date. The assessee filed a rectification petition, which was rejected by the CPC under section 154 of the Act. In the appellate proceedings, the ld. CIT (A) dismissed the appeal, relying on the decision of the Hon'ble Supreme Court in Checkmate Services Pvt. Ltd. Vs. CIT (2022) 143 taxmann.com 178 (SC). The assessee argued that the delay was due to the unavailability of the banking portal on the due date.…
Decision in favour of
Assessee
Legal Issues
- 1. Confirmation of addition of ₹5,18,414/- by the ld. CIT (A) for delayed payment of PF and ESI.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
Similar Judgements
Gurdev Singh vs. Income Tax Officer, Ward-1(3)
Delhi Bench benchAY 2020-21DismissedB.S. Sponge Pvt. Ltd. Vs ADIT, CPC Bengaluru
Kolkata benchAY 2021-22AllowedLion Services 210, Padma, Tower II Rahendra Place, Delhi Vs. Addl. JCIT Ludhiana
Delhi Bench ‘E’, New Delhi benchAY 2019-20AllowedJyoti Weighing Systems Private Limited vs DCIT
Delhi Bench benchAY 2018-19DismissedMohammed Sabirul Islam
Kolkata Bench benchAY 2019-2020DismissedT P Roy Chowdhury & Company Pvt. Ltd vs. DCIT, Circle-7(1), Kolkata
Kolkata Bench benchAY 2017-18Allowed