2024 (2) TMI 1373

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....l DECISION 1. Heard Ms. Priyanka Kamat for the Appellant and Ms. S. Linhares for the Respondent. 2. This is an appeal under Section 260A of the Income Tax Act, 1961 (IT Act) to challenge the orders made by the Assessing Officer, CIT (Appeals) and the ITAT, disallowing an adjustment under Section 141(1)(a)(iv) read with Section 36(1)(va) of the IT Act in respect of delayed remittance of employee....

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....onflicting decisions on the subject and finally held that deductions or adjustments could be claimed only when the Assessee deposits the contribution before the due date provided under the Employees Provident Fund/Employee State Insurance Act. If the employees' contributions are deposited after the due date set out under the said Act, there is no question of deduction or adjustment on the grou....

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....T, we have considered the same. In our judgment, however, the fact that the assessment order in Checkmate Services Pvt. Ltd. (supra) was incidentally under Section 143(3) and the assessment order in the present case is under Section 143(1)(a) of the IT Act, makes no difference to the principle involved in this matter. The ITAT decision does not discuss why this circumstance constitutes a distingui....