2025 (1) TMI 1397 - AT - Income Tax

Tribunal Upholds Favorable Order for Assessee on PF/ESIC Contributions; Finance Act 2021 Amendments Deemed Prospective

DCIT, Circle 2 (2), New Delhi Versus Akal Information Systems Ltd., C/o Lall & Company, CA, New Delhi

The Tribunal dismissed the Revenue's application to recall its previous order that favored the assessee regarding disallowance of employees' contributions ... Rectification of mistake - Disallowance on account of non-deposit of employees contribution of PF/ESIC before the prescribed due dates - whether the previous order providing relief to the assessee regarding the disallowance of employees' contribution to PF/ESIC under Section 36(1)(va) should be recalled in light of a subsequent Supreme Court judgment in the case of Checkmate Services Pvt. Ltd.[2022 (10) TMI 617 - SUPREME COURT] HELD THAT:- It is the settled proposition of law that in fiscal litigation, each assessment year is separate and independent. It has been affirmed in Goslino Mario Case [1999 (4) TMI 6 - SC ORDER] that a cardinal principle of the Tax law is that the law to be applied is that which is in force in the relevant assessment year unless otherwise provided expressly or by necessary implication. In Reliance Jute and Industries Ltd. V CIT [1979 (10) TMI 2 - SUPREME COURT] also this proposition law is recognized. We can observe that the coordinate Bench while passing the order has taken into consideration the judgments in favour of assessee. Hon’ble Supreme Court in the case of CIT vs. M/s Vegetable Products Ltd[1973 (1) TMI 1 - SUPREME COURT] has held for that if two reasonable constructions of a taxing provision are possible, the construction which favours the assessee must be adopted. The coordinate Bench has, thus, given the assessee the benefit of the view of various Hon’ble High Courts favouring the assessee. Thus, where assessee is benefited due to one favorable view then, due to subsequent judgment reversing that view, cannot be said to be a mistake apparent from record, requiring exercise of powers u/s 254(2) of the Act.Consequently the application has no merit and is dismissed. ISSUES PRESENTED and CONSIDEREDThe primary issue considered in this judgment is whether the previous order dated 10.08.2022, which provided relief to the assessee regarding the disallowance of employees' contribution to PF/ESIC under Section 36(1)(va) of the Income-tax Act, should be recalled in light of a subsequent Supreme Court judgment in the case of Checkmate Services Pvt. Ltd. The specific legal questions include: Whether the amendment in Section 36(1)(va) and Section 43B of the Income-tax Act by the Finance Act, 2021, applies retrospectively or prospectively. Whether the Tribunal has the power to review its order under Section 254(2) of the Income-tax Act based on a subsequent judgment. The applicability of the principle that if two reasonable constructions of a taxing provision are possible, the construction which favors the assessee must be adopted.ISSUE-WISE DETAILED ANALYSIS1. Applicability of Amendments to Section 36(1)(va) and Section 43BThe relevant legal framework involves the interpretation of Sections 36(1)(va) and 43B of the Income-tax Act, particularly after the amendments introduced by the Finance Act, 2021. The Tribunal initially relied on judgments from the Delhi High Court, which held that these amendments are prospective. The Supreme Court's decision in Checkmate Services Pvt. Ltd. emphasized that contributions must be deposited before statutory due dates, suggesting a stricter interpretation.The Tribunal reasoned that the law applicable is the one in force during the relevant assessment year unless expressly stated otherwise. This principle was supported by precedents such as the Goslino Mario Case and Reliance Jute and Industries Ltd. v CIT, which assert the independence of each assessment year in fiscal litigation.2. Power of Review under Section 254(2)The Tribunal examined whether it could review its previous order under Section 254(2) based on the Supreme Court's subsequent judgment. The Tribunal noted that its powers under Section 254(2) are akin to a review under Order XLVII, Rule 1 of the CPC, which limits review to mistakes apparent from the record. The Tribunal concluded that a subsequent judgment does not constitute a mistake apparent from the record, as explained in the case of CIT vs. Reliance Telecom Ltd.The Tribunal further distinguished the present case from ACIT vs. Saurashtra Kutch Stock Exchange Ltd., where the Tribunal's attention was not drawn to existing favorable decisions. Here, the Tribunal had considered all relevant judgments at the time of its decision.3. Favorable Construction for the AssesseeThe Tribunal upheld the principle that if two reasonable interpretations of a tax provision exist, the one favoring the assessee should be adopted, as established in CIT vs. M/s Vegetable Products Ltd. This principle was central to the Tribunal's initial decision to favor the assessee based on existing High Court judgments.SIGNIFICANT HOLDINGSThe Tribunal concluded that the application by the Revenue lacked merit and dismissed it. It emphasized the independence of each assessment year and the prospective application of amendments unless expressly stated otherwise. The Tribunal maintained that a subsequent Supreme Court judgment does not automatically warrant a review of its decision unless a mistake apparent from the record is evident.The Tribunal quoted: 'The Explanation attached to the order XLVII Rule 1 CPC specifically provides that merely because of reversal or modification of a judgment of a court which has been relied in a decision, that alone will not be a ground for review of the judgment.'Core principles established include the prospective application of legal amendments unless clearly stated, the limited scope of review under Section 254(2), and the preference for interpretations favoring the assessee when multiple reasonable constructions exist.The final determination was to dismiss the Revenue's application, reaffirming the Tribunal's initial decision that favored the assessee based on the legal framework and interpretations available at the time.