TaxTMI 
TaxTMI 
2025 (4) TMI 2125
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....ment year 2022-23. 2. Shri Rohit Jain, appearing on behalf of the assessee submits that the assessee had filed its return for AY 2022-23 on 23.10.2022. During the period relevant to assessment year under appeal, the assessee had income of Rs. 195.67 lakhs, however, the same was set off with brought forwarded losses, hence, the assessee filed its return of income declaring NIL income. The return of the assessee was processed by the Centralized Processing Centre (CPC) vide intimation dated 29.07.2023 u/s. 143(1) of the Act. The CPC disallowed set off of brought forwarded losses and determined the business income of assessee at Rs. 1,95,67,15,034/-. Against intimation u/s. 143(1) of the Income Tax Act, 1961(hereinafter referred to as 'the A....
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....rt of India in the case Checkmate Services P. Ltd. vs. CIT 143 taxmann.com 178 (SC). Once there is delay in contribution of PF/ESI the same has to be disallowed. 4. Both sides heard, orders of the authorities below examined. The assessee in grounds no. 2 and 3 of appeal has assailed denial of deduction of Rs. 39,59,510/- claimed in respect of contribution towards provident fund and other welfare fund. The ld. Counsel submitted that there was one day delay in deposit of provident fund as the portal was not working. Hence, delay in deposit of contribution cannot be attributed to the assessee. To substantiate his contention that there was technical glitch in the portal, no documentary evidence was furnished by the assessee. 5. I find in ....
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....e there was one day delay towards deposit of PF where the assessee was prevented to make online payment owing to technical glitch in the provident fund online payment platform. The Division Bench while granted relief to the assessee held asunder:- "7. In the light of the material available on record, we have no iota of doubt that the attempt to make timely payment of contribution towards PF contribution by assessee stands vindicated. Thus, where the assessee was prevented to make online payment owing to technical glitches in the Provident Fund online payment platform, we see no reason to penalize the assessee for the unresponsive platform of the Provident Fund Department. It is trite that an assessee cannot be asked to do what is i....