2022 (12) TMI 537

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....rovisions of section 36(1)(va) of the Income Tax Act, 1961 (hereinafter called 'the Act'). 3. On the above issue, it is not disputed that as per the decision of the Hon'ble Supreme Court rendered in the case of CHECKMATE SERVICES PVT LTD VS CIT-1 in CIVIL APPEAL 2833/2016 vide its judgment dated 12 October 2022 decided the issue on allowability/treatment of 'delayed' Employee PF Contribution payment in hands of assessee under provisions of Income Tax Act and held that Section 36(1)(va) and Section 43B(b) operate on totally different equilibriums and have different parameters for due dates, i.e., employee's contribution is linked to payment before the due dates specified in the respective Acts and employer's contribution is linked t....

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....020, it has been mentioned that there was a communication dated 17.11.2020 sent by email to the assessee before making the impugned disallowance and it is further mentioned therein at page 6 top of the intimation in the form of a note which reads as follows: "Note: Please refer to this office communication dated and 17.Nov 20 sent to the email ID and nb enterprises [email protected]. As there has been no response/the response given is not acceptable the adjustment(s) as mentioned below are being made to the total income as per the provisions of Section 143(1)(a)" 5. Learned Counsel for the assessee submitted that it is not clear from the aforesaid wordings in the intimation as to whether the response of the assessee to the impugned disallowa....

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....022, without considering the reply of the Assessee, the same is invalid. 7. This argument is devoid of any merits because if response is received from the assessee, then there is no time frame for making any adjustment and this is very clear from the second proviso to section 143(1)(a) of the Act which reads as follows: "Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:- (a) the total income or loss shall be computed after making the following adjustments, namely:- (i) any arithmetical error in the return; [***] (ii) an incorrect claim, if such incorrect claim is apparent from any information in the retu....