TaxTMI 
TaxTMI 
TaxTMI 
2024 (8) TMI 1657
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.... 254(2) of the I.T. Act, requested to kindly reconsider the issue of PF & ESI in the case of above assessee keeping in consideration of following facts and various judicial decisions of apex appellate authorities:- 3.1. First of all, provisions of section 36(1)(v) of I.T. Act and section are reproduced here under: (i) 36(1)(va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee's account in the relevant fund or funds on or before the due date. Explanation 1. For the purposes of this clause, "due date" means the date by which the assessee is required as an employer to cred....
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....provisions of both the sections, it is clear that the due date is defined differently under section 43B and 36(1)(va) of I.T. Act. The assessee cannot import the due date as mentioned under section 43B to the provisions of section 36(1)(va) of the I.T. Act, when the same has been distinct in the provisions of the Act. As per provisions of section 36(1)(va) of Act, the 'due date' means the date by which the assessee is required as an employer to credit an employee's contribution towards EPF/PF to the employee's account and due date of payment will be governed by the relevant Act. 3.3. In the meanwhile, the CBDT vide circular No. 22/2015(F. No. 279/Misc./140/2015-ITJ) dated 17-12-2015 keeping in observation of Hon'....
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....s income u/s 2(24)(x) of the Act and the deduction for the same can be allowed only if such amount is deposited in the employee's account in the relevant fund before the date stipulated under the respective Acts. Thus the deduction u/s 36(1)(va) of the Act can be allowed only if the employees' share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts" 5. Keeping in view the above ongoing para's and observation given by Hon'ble Apex Court that Employers should have to deposit employee's contribution towards EPF/ESI only before the due date as prescribed in section 36(1)(va) r.w.s 2(24)(x) of IT. Act 1961 and not before the filing the its Return of Income u/s 139(1)....
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....den Time Services Pvt. Ltd. vs DCIT (113 Taxmann.com 524) (2020) and held that the limitation provided u/s 254 of the I.T. Act 1961 is commenced from the date of actual receipt of the judgement and order passed by the Tribunal which sought to be reviewed. Considering the above, judgement, considering the above judgement, limitation of filing of Misc. Application before the Hon'ble ITAT comes to 31-07-2023. It is also requested to kindly condone the delay in filing Misc. Application and rectify the order passed by the Hon'ble ITAT, Jaipur Bench.'' 2.2 During the course of hearing, none attended on behalf of the assessee when the case of the assessee was called out nor any reply to the Misc Application of the Department was advanced by the....
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....s of the Misc. Application wherein the Department has put thrust on the order of the Hon'ble Supreme Court in the matter of applicability of Section 36(1)(va) of the Act in the case of Checkmate Services Pvt. Ltd. vsd CIT-1 in Civil Appeal No. 2833/2026 dated 12-10-2022 wherein the Hon'ble Supreme Court dismissed the appeal of the assessee company with an observation that ''the distinction between an employer's contribution which is its primary liability under law in terms of section 36(1)(iv) as its liability to deposit amounts received by it or deducted by it (section 36(1(va), is thus crucial. Thus it is an essential condition for the deduction that such amounts are deposited on or before the due date. If such interpretation were to be a....