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ICDS Adjustment Beyond CPC Powers BUT PF/ESI Disallowance Valid in 143(1): Delhi ITAT

Case Law Details

Case Name
Ganganagar Vehicles Pvt Ltd Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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Ganganagar Vehicles Pvt Ltd Vs ITO (ITAT Delhi) Both appeals involved two common adjustments made by CPC u/s 143(1): Late deposit of employees’ PF/ESI contribution u/s 36(1)(va) Adjustment relating to depreciation (ICDS impact) Late PF/ESI contribution – Whether CPC can disallow u/s 143(1)? Assessee argued that when the return was processed, the law on PF/ESI was debatable and CPC had no power to make such an adjustment. However, Tribunal held that the Supreme Court in Checkmate Services (P) Ltd. 448 ITR 518 has finally settled the law that employees’ contribution paid after due date u...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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