Case Law Details
Shishir Kumar Das Vs DCIT (ITAT Hyderabad)
Decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd is applicable to both the employer as well as employee’s contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees before the due date of filing of return of income U/s. 139(1) of the Act, then the same has to be disallowed and brought to tax.
FULL TEXT OF THE ITAT JUDGEMENT
This is assessee’s appeal for the Assessment Year 2018-19 against the order of the Ld. CIT(A)-6, Hyderabad, dated 22/11/2019.
2. Brief facts of the case are that the assessee individual filed his return of income for the relevant assessment year electronically on 29/10/2018 declaring total income of Rs. 13,92,360/-. The return of income was processed U/s. 143(1) of the Act by the Assessing Officer at CPC, Bengaluru determining the total income of the assessee at Rs. 40,14,930/- by making adjustment of Rs. 26,22,570/- U/s. 36(1)(va) of the Act.
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