2025 (11) TMI 27 - AT - Income Tax

Section 36(1)(va): Deduction allowed only if employee PF contributions are paid by statutory due date, binding precedent requires timely payment

ITAT MUMBAI held that the Supreme Court's ruling in Checkmate Services is binding: deduction under s.36(1)(va) is available only where employee PF ... Rectification of mistake - Disallowances on account of delayed payment of employee’s contribution to Provident Fund for the year under consideration by way of processing of return u/s 143(1) - scope of binding principle of law analyzed and interpreted in the decision Checkmate Services [2022 (10) TMI 617 - SUPREME COURT (LB)] - HELD THAT:- Timely payment of these alone entitle an assessee to the benefit of deduction from the total income. The essential objective of section 43B is to ensure that if assessee’s are following the mercantile method of accounting, nevertheless, the deduction of such liabilities, based only on book entries, would not be given. According to aforesaid ratio of law, based on existence of provisions of section 36(1)(va) of the Act since 1988, the provisions of sections which are under interpretation by Hon’ble Courts were effective since these were introduced in the statute. Further at the time we are dealing with these provisions, the judgment of Hon’ble Apex Court is available to guide us in the matter therefore the plea of Ld. AR that the issue was pending at the time of issuance of intimation u/s 143(1) is irrelevant and devoid of substance. Accordingly, the case laws and CBDT instruction relied upon by the assessee are of no help. Our view is further fortified by the decision as relied by Ld. AR, in the case of Vaibhav Maruti Dombale [2025 (9) TMI 1037 - BOMBAY HIGH COURT] which was granted qua the provisions of section 254(2) of the Act and would not be of any assistance to help the case of assessee, further at para 24 of the order it has been held by the Hon’ble Court that on the date (in present case 05-09-2022) when the ITAT has passed the original order, the ruling of Hon’ble Supreme Court in the case of Checkmate Services [2022 (10) TMI 617 - SUPREME COURT (LB)] was not available, whereas in present case, while we are dealing with the issue (on 22-09-2025), the binding principle of law analyzed and interpreted in the decision Checkmate Services (supra) (dated:12-10-2022) by Hon’ble Apex Court is very much in place, thus, following the judicial discipline the same needs to be strictly adhered to. Thus, we are of the considered view that, the ratio of law laid by Hon’ble Apex Court in the case of Checkmate Services (supra) have to be followed in present case. On merits as claimed by the assessee, the deposits of employee’s contribution made within the due date prescribed under respective Act shall be entitled for deduction u/s 36(1)(va) of the Act and also the suo moto disallowance offered by the assessee qua the PF damages cannot be disallowed again. Such fact needs verification from the records and evidence, for which we set aside the matter to the file of ld. AO for verification and adjudication of the issue following the law in accordance with decision in the case of Checkmate Services (supra). ISSUES PRESENTED AND CONSIDERED 1. Whether the delay in filing the appeal should be condoned where the assessee's authorised accountant left employment and notices went unnoticed. 2. Whether the first appellate authority lawfully dismissed the appeal ex parte for non-appearance, in light of binding Supreme Court precedent regarding consequences of delayed deposit of employees' provident fund (EPF) contributions. 3. Whether employees' contribution to provident fund paid after the statutory due date but before filing of the return is deductible under section 36(1)(va) or falls for disallowance under the proviso to section 43B. 4. Whether an amount described as 'PF damages' that the assessee had already disallowed in its computation can be added back again by processing under section 143(1), thereby causing double disallowance. 5. Whether factual verification is required to determine entitlement to deduction under section 36(1)(va) and to avoid double disallowance of PF damages, and whether the matter should be remanded to the assessing officer for such verification. ISSUE-WISE DETAILED ANALYSIS - 1. Condonation of Delay Legal framework: Principles governing condonation of delay require demonstration of bona fide reason and circumstances beyond control for non-compliance. Precedent treatment: Not disputed before the Court; standard judicial discretion applied. Interpretation and reasoning: The Court accepted the representation that the assessee's accountant left employment and notices remained unnoticed, and found the delay to be inadvertent and not deliberate. The revenue did not oppose condonation. Ratio vs. Obiter: Ratio - where delay arises from bona fide inadvertence and is not deliberate, condonation may be granted; Obiter - none. Conclusion: Delay of filing the appeal was condoned and the appeal admitted for adjudication on merits. ISSUE-WISE DETAILED ANALYSIS - 2. Validity of Ex-Parte Dismissal by First Appellate Authority Legal framework: An appeal may be dismissed ex parte for non-appearance after issuance of notices; however, the correctness of underlying additions/denials requires attention to binding legal principles on substantive issues. Precedent Treatment: The appellate authority followed binding apex-court authority in sustaining disallowance where deposits were not made on or before the statutory due date. Interpretation and reasoning: The Tribunal acknowledged that the first appellate authority dismissed the appeal ex parte for non-appearance but examined whether the underlying substantive law was applied correctly. The Court observed that ex-parte disposal does not immunize the order from review if the legal position relied upon by the authority is binding and applicable. Ratio vs. Obiter: Ratio - ex-parte dismissal is permissible where notices were not complied with, but the appellate body must nonetheless apply binding legal precedent to substantive issues; Obiter - procedural fairness considerations noted in context of condonation. Conclusion: The first appellate authority's ex-parte dismissal stands procedurally, but the substantive issues require application of binding law and factual verification; thus merits were considered by the Tribunal despite the ex-parte disposal. ISSUE-WISE DETAILED ANALYSIS - 3. Deductibility of Employees' Provident Fund Contribution: Section 36(1)(va) v. Section 43B Legal framework: Section 36(1)(va) permits deduction of sums received from employees and credited to the relevant fund on or before the due date prescribed by the relevant welfare enactment; section 43B contains a non-obstante clause governing timing of deductions for specified liabilities, with a proviso allowing some leeway where payments are made before filing of return for certain liabilities. Precedent Treatment (followed/distinguished/overruled): The Tribunal followed the binding ratio of the apex-court decision that held amounts representing employees' contributions, being amounts held in trust and deemed to be income under the tax statute, are deductible only if deposited on or before the due date mandated by the welfare legislation; payments made after that due date but before filing the return do not qualify for deduction under section 36(1)(va). Interpretation and reasoning: The Court emphasised the distinct legal character of (i) employer's own contribution and (ii) employees' contributions deducted/collected by the employer. Employees' contributions, though deemed income under section 2(24)(x), retain the character of others' monies held in trust; therefore the Explanation to section 36(1)(va) conditions deduction on deposit on or before the statutory due date. The non-obstante clause of section 43B cannot be read so as to negate this specific condition for employees' contributions. The Tribunal rejected reliance on intermediate High Court decisions or administrative instructions to the extent inconsistent with the apex-court ratio now binding. Ratio vs. Obiter: Ratio - employees' contributions are deductible under section 36(1)(va) only if credited to the employee's account in the relevant fund on or before the due date prescribed by the welfare statute; payments made after that due date but before return filing do not qualify. Obiter - discussion on CBDT instructions and other High Court precedents is not applicable where apex-court precedent has pronounced definitively. Conclusion: The binding apex-court principle governs the dispute; the issue is not open to revisit based on prior contrary High Court or administrative opinions; entitlement to deduction depends on meeting the statutory due-date condition and must be verified on facts. ISSUE-WISE DETAILED ANALYSIS - 4. Double Disallowance of 'PF Damages' Legal framework: Tax computation principles bar duplication of disallowance (i.e., an expense disallowed in computation should not be re-added subsequently); processing under section 143(1) permits certain adjustments but should not create double disallowance. Precedent Treatment: No conflicting precedent detracted from the basic accounting principle against double disallowance; the Tribunal treated the question as factual and documentary. Interpretation and reasoning: The Tribunal noted the assessee's contention that PF damages were already disallowed in the computation and that the processing authority's re-addition would constitute double disallowance. The Tribunal accepted that such a double disallowance cannot stand and required verification of records to determine whether re-addition was erroneous. Ratio vs. Obiter: Ratio - a sum already suo moto disallowed by the assessee in its computation should not be added again through processing to effect a double disallowance; Obiter - none. Conclusion: The contention that PF damages were double disallowed is meritorious on principle and requires factual verification; the matter is remanded to the assessing officer for examination of records and correction if warranted. ISSUE-WISE DETAILED ANALYSIS - 5. Remand for Verification and Direction to Assessing Officer Legal framework: Where entitlement to deduction depends on documentary proof of timely deposit and computation particulars, adjudicatory authorities may remit matters to the assessing officer for verification and determination in accordance with binding law. Precedent Treatment: The Tribunal applied the binding legal standard and directed fact-finding consistent with the apex-court ratio. Interpretation and reasoning: Given the legal requirement that employees' contributions be deposited on or before the statutory due date to qualify under section 36(1)(va), and given the assessee's claim of contemporaneous payments and internal computation adjustments, the Tribunal observed that verification of bank/EPF records and computation details was necessary. The Tribunal directed the assessing officer to verify deposits and the treatment of PF damages and to adjudicate the claims in accordance with the binding apex-court decision. Ratio vs. Obiter: Ratio - factual verification is necessary where deductibility under section 36(1)(va) and prevention of double disallowance hinge upon documentary proof; Obiter - guidance that administrative instructions cannot override binding judicial precedent. Conclusion: Matter remanded to the assessing officer for verification of documentary evidence of deposits and computation entries; assessee directed to cooperate and furnish evidence; appeal allowed for statistical purposes and remitted for fresh adjudication consistent with the applicable legal ratio.