Utkranti Solutions Pvt. Ltd. vs. Income Tax Officer, Ward-4(1)(1), Ahmedabad

Parties Involved

Facts Summary

Utkranti Solutions Pvt. Ltd. filed appeals against the appellate orders passed by the ADDL/JCIT (Appeals), Bhubaneswar, arising out of the intimation orders under section 143(1) of the Income Tax Act, 1961 for the Assessment Years 2018-19 and 2019-20. The assessee claimed that an identical question of law is pending before the Hon’ble High Court of Gujarat in Tax Appeal No. 193 of 2024. The Tribunal requested the Assessing Officer to verify the claim made in Form 8 and give his report. The Assessing Officer reported that the identical question of law is pending before the Gujarat High Court, and the provisions of section 158AB(1)(a) are applicable. The appeals were dismissed with liberty to the Assessing Officer to apply the ratio of the Judgment to be rendered by the Hon’ble High Court of Gujarat in Tax Appeal No. 193 of 2024.…

Legal Issues

• 1. Whether the Income Tax Appellate Tribunal has erred in law and on facts in confirming the disallowance of Rs.22,68,438/- on account of delayed contribution to Provident Fund and Employees' State Insurance which were debatable and contentious in nature and therefore were beyond the scope of adjustments under section 143 (1) of the Income Tax Act?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Stanford Laboratories P. Ltd. & Ors. vs. Deputy Commissioner of Income Tax & Ors.

• ITA Nos. 12 to 14/Coch/2024 Thomas John Muthoot & Ors

  Cochin bench

• Deputy Commissioner of Income Tax v. Compuage Infocom Limited

  Mumbai bench

• Tupperware India P. Ltd. vs. Deputy Commissioner of Income Tax & Ors.

• Taboola India P. Ltd. & Ors. vs. Deputy Commissioner of Income Tax

• Lufthansa Technik Services India P. Ltd. vs. Deputy Commissioner of Income Tax & Others

  Delhi Bench 'I', Delhi benchAY 2009-10, 2010-11, 2011-12, 2012-13Allowed