2025 (9) TMI 1359

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....ff by this common order. 3. The only issue involved in all these appeals is that the ld. CIT (A) has erred in upholding the disallowances of expenditure of Rs. 13,35,083/- made by the Assessing Officer representing delay in remittance of Employee's Contribution towards ESIC and Provident Fund invoking provisions of section 36(1)(va) of the Income-tax Act, 1961 (for short 'the Act'). 4. At the time of hearing, ld. AR for the assessee submitted as under :- "* We hereby like to state that that the issue is covered in favor of assessee by the judgement of the Hon'ble ITAT - Delhi, 'C' Bench in case of ITA no. 1458/De1/2021 for AY 2017-18, dated 06.09.2023. * In the said case Hon'ble Bench, dealt with the ....

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....he month in which the salary or wages are actually paid and irrespective of the month to which salary / wages relate." 6. On the other hand, ld. DR for the Revenue objected to the submissions made by the ld. AR for the assessee and submitted that the issue is squarely covered by the decision of Hon'ble Supreme Court in the case of Checkmate Services Pvt. Ltd. vs. CIT 143 taxmann.com 178. 7. Considered the rival submissions and material placed on record. We observed that the first plea of the assessee that the issue under consideration is beyond the scope of section 143(1)(a) of the Income-tax Act, 1961 (for short 'the Act'). In our considered view, this issue is already settled in favour of the Department and ld. AR for the assessee r....

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....l has sustained the adjustments towards belated deposits of employees' contribution to PF/ESIC in the light of the judgment rendered by the Hon'ble Supreme Court in Checkmate Pvt. Ltd. vs. CIT (2022) 143 taxmann.com 178 (SC). The contention of the Assessee that such additions cannot be made under the umbrella of S. 143(1) is covered against the assessee the decision of the coordinate bench in the case of Weather Comfort Engineers Private Limited vs. ACIT-CPC ITA No. 959/Del/2021 order dated 15/02/2023. The action of CPC and CIT(A) thus cannot be faulted where some opportunity was admittedly given for e-response. 9.2 We now turn to alternate plea on behalf of the assessee for grant of deduction under general provisions for deduction....

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....l disbursement would not fasten obligation for deposits of employees contribution in the labour Acts per se. as observed by the co-ordinate bench in Kanoi Paper and Industries Ltd. vs. ACIT (2002) 75 TTJ 448 (Cal). This aspect has not been found to be examined by the Assessing Officer or CIT (A). Hence without expressing any opinion on merits on this aspect, we deem it expedient to restore the matter to the file of designated AO. It shall be open to the assessee to place factual matrix before the AO and take such plea for evaluation of the AO. The AO shall examine this aspect and fresh order in accordance with law after giving proper opportunity." 6. We find similar view has been taken by the coordinate benches in the cases of B. L....