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Bangalore ITAT Deletes PF/ESI Adjustment: CPC Cannot Decide Debatable Issue

Case Law Details

TaxGuru Citation
2026 taxguru.in 11198
Case Name
Kanthi Agency Networks Vs Assessing Officer CPC (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Kanthi Agency Networks Vs Assessing Officer CPC (ITAT Bangalore)

Bangalore ITAT Deletes ₹36.43-Lakh PF/ESI Adjustment: CPC Cannot Decide a Debatable Issue Under Section 143(1)

The assessee deposited employees’ contributions to PF and ESI after the due dates prescribed under the respective welfare laws but before filing its return for AY 2019-20. While processing the return on 10 April 2020, CPC disallowed ₹36,42,529 under Section 143(1) based on the tax audit report. The first appellate authority dismissed the appeal for non-prosecution.

The Bangalore ITAT noted that when the intimation was issued, conflicting High Court decisions existed on the allowability of delayed employees’ contributions. Significantly, the jurisdictional Karnataka High Court had taken a view favourable to the assessee. Therefore, the issue was clearly debatable and fell outside the limited scope of prima facie adjustments permissible under Section 143(1).

The Tribunal acknowledged that the Supreme Court’s later ruling in Checkmate Services (P.) Ltd. v. CIT applies retrospectively unless expressly made prospective. However, the relevant question was whether CPC could have made the adjustment on the date of processing, when the issue was debatable and the binding jurisdictional precedent favoured the assessee. A later Supreme Court ruling could not retrospectively validate an adjustment that was beyond CPC’s jurisdiction when made.

The Tribunal also noted that the Finance Act, 2021 amendments concerning employees’ contributions and corresponding processing adjustments were expressly made applicable from AY 2021-22 onwards.

Accordingly, the Tribunal directed deletion of the entire ₹36.43-lakh adjustment.

List of Cases Discussed / Relied Upon

FULL TEXT OF THE ORDER OF ITAT BANGALORE

This appeal at the instance of the assessee is directed against the order of the ld. Addl/JCIT(A), Ranchi dated 08.11.2025 vide DIN & Order No. ITBA/APL/S/250/2025-26/1082408609 (1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2019-20.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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