Tag: Section 36(1)(va)
AO can’t review own decision by rectification u/s 154 to disallow late deposit of PF In a recent judgment, the ITAT Delhi has held that when Assessing Officer consciously allowed deduction of late deposit of PF, subsequently, by relying on the judgment of the Hon’ble Supreme Court he …
No disallowance of late deposit of PF/ESI can be made without affording opportunity to assessee to show that the said payments were made within time In a recent judgment, Hon’ble Allahabad High Court remanded disallowance of late deposit of PF/ESI made without affording opportunity to assessee to show …
Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit – High court remitted the case to ITAT In a recent case, the Hon’ble High Court remitted the case to ITAT holding that though the application was filed under …
No disallowance for delayed deposit of PF/ESI prior to judgment of Supreme Court Disallowance of u/s 36(1)(va) for delayed deposit of employees share of PF/ESI contribution prior to the judgment of Hon’ble Supreme Court being debatable, CPC could not have made adjustments u/s 143(1) – ITAT In a …
Delay in deposit of PF/ESI for disallowance u/s 36(1)(va) to be calculated from the month of actual payment of salary not accrual. ITAT remands case for examination ABCAUS Case Law Citation:ABCAUS 3781 (2023) (07) ITAT Important Case Laws relied upon:Checkmate Pvt. Ltd. vs. CITKanoi Paper and Industries Ltd. …
Date of actual payment of salary to be considered for disallowance of EPF u/s 36(1)(va) for delay in deposit within 15 days – ITAT ABCAUS Case Law Citation:ABCAUS 3732 (2023) (05) ITAT Important Case Laws relied upon:Checkmate Services (P.) Ltd. Vs CIT-1, 143 taxmann.com 178 (SC)Primary Agricultural Cooperative …
Employers contribution not covered under Supreme Court order in case of Checkmate. Payment by cheque within due date allowed by ITAT ABCAUS Case Law Citation:ABCAUS 3721 (2023) (04) ITAT Important Case Laws relied upon:Checkmate Services P. Ltd. vs CIT ABCAUS 3614 (2022) (09) SCAlom Extrusions Ltd. 185 TAXMAN …
Mistake by CA in Tax Audit Report if demonstrated with relevant material enough, Insistence of correction in audit report is not justified ABCAUS Case Law CitationABCAUS 3654 (2023) (02) ITAT Important Case Laws covered:Checkmate Services Pvt. Limited vs. CIT In the instant case, the appellant assessee was in …
Disallowance of belated deposit of Employees’ contribution of PF/ESI u/s 43B even if deposited before due date of ITR filing -Supreme Court settles the law ABCAUS Case Law CitationABCAUS 3614 (2023) (10) SC Important Case Laws relied upon by parties Allied Motors (P) Ltd. v Commissioner of Income …
Disallowance u/s 36(1)(va) for delayed EPF deposit. Amendment by Finance Act is prospective – ITAT ABCAUS Case Law Citation ABCAUS 3590 (2022) (05) ITAT Important case law relied referred:Azamgarh Steel & Power vs. CPCCIT vs. AIMIL Ltd. 188 Taxman 265 (Delhi)Vedvan Consultants Pvt. Ltd. vs DCITPCIT vs Pro …
