Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
Situ: ?
State Name or City name of the Court
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
From Date: ?
Date of order
To Date:
TMI Citation:
Year
  • Year
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
By Case ID:

When case Id is present, search is done only for this

Sort By: ?
Even if Sort by Date is selected, exact match will be shown on the top.
RelevanceDate
    No Records Found
    ❯❯
    MaximizeMaximizeMaximize
    0 / 200
    Expand Note
    Add to Folder

    No Folders have been created

      +

      Are you sure you want to delete "My most important" ?

      NOTE:

      Case Laws
      Showing Results for :
      Reset Filters
      Results Found:
      AI TextQuick Glance by AIHeadnote
      No Records Found

      Case Laws

      Back

      All Case Laws

      Showing Results for :
      Reset Filters
      Showing
      Records
      ExpandCollapse
        No Records Found

        Case Laws

        Back

        All Case Laws

        Showing Results for : Reset Filters
        Case ID :

        📋
        Contents
        Note

        Note

        Note

        Bookmark

        print

        Print

        Login to TaxTMI
        Verification Pending

        The Email Id has not been verified. Click on the link we have sent on

        Didn't receive the mail? Resend Mail

        Don't have an account? Register Here

        Tribunal directs deletion of Provident Fund addition, recompute interest under Income Tax Act

        M/s PR Packaging Service 1A Versus Assistant Commissioner of Income Tax-25 (3), Mumbai

        M/s PR Packaging Service 1A Versus Assistant Commissioner of Income Tax-25 (3), Mumbai - TMI Issues Involved:
        1. Justification of disallowance of employees' contribution to Provident Fund under section 143(1) of the Income Tax Act.
        2. Chargeability of interest under sections 234A, 234B, and 234C of the Income Tax Act.

        Detailed Analysis:

        1. Justification of Disallowance of Employees' Contribution to Provident Fund

        The primary issue in this appeal is whether the Commissioner of Income Tax (Appeals) [CIT(A)] was justified in upholding the action of the ADIT-CPC Bangalore in disallowing the employees' contribution to Provident Fund based on the statement made in the Tax Audit Report while processing the return under section 143(1) of the Income Tax Act.

        The Tribunal noted that the assessee had remitted the employees' contribution to the Provident Fund beyond the due date prescribed under the Provident Fund Act but before the due date for filing the return of income under section 139(1) of the Income Tax Act. The Tax Auditor had reported this delay in the Tax Audit Report without suggesting a disallowance of the contribution. The ADIT-CPC Bangalore disallowed the contribution under section 143(1)(a)(iv) of the Act, which allows for adjustments indicated in the audit report but not accounted for in the return.

        The Tribunal referred to the provisions of section 143(1)(a)(iv), which come into play only when the Tax Auditor suggests a disallowance. Since the Tax Auditor did not recommend disallowance, the Tribunal found the CPC's action to be against the provisions of the Act, as it did not fall within the ambit of prima facie adjustments.

        The Tribunal further supported its view by citing the decision in Kalpesh Synthetics Pvt Ltd vs DCIT, which emphasized the need for a judicious and reasoned disposal of objections raised by the assessee against proposed adjustments under section 143(1). The Tribunal highlighted that the Tax Auditor's observations are opinions and do not bind the auditee. The Tribunal concluded that the disallowance based on the Tax Auditor's report, without considering the correct legal position, was unsustainable.

        The Tribunal acknowledged the recent Supreme Court decision in Checkmate Services Pvt Ltd vs CIT, which ruled against the assessee on merits but noted that it pertained to assessments under section 143(3) and not section 143(1)(a).

        2. Chargeability of Interest under Sections 234A, 234B, and 234C

        The assessee raised issues regarding the chargeability of interest under sections 234A, 234B, and 234C of the Income Tax Act, which are consequential in nature. The Tribunal directed the Assessing Officer to recompute the interest in accordance with the law.

        Conclusion

        The Tribunal allowed the appeal, directing the deletion of the addition made in respect of employees' contribution to the Provident Fund and instructed the Assessing Officer to recompute the interest under sections 234A, 234B, and 234C. The general ground raised by the assessee did not require specific adjudication. The order was pronounced in the open court on 07/12/2022.

        Topics

        ActsIncome Tax
        No Records Found