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ITAT Delhi

Belated payment of employees’ contribution to PF & ESI – ITAT allowed

December 27, 2021 1770 Views 0 comment Print

Vansh Jain Vs DCIT (ITAT Delhi) Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in sustaining the adjustment made […]

Disallowance under Section 43B due to wrong reporting in Audit Report- ITAT restores the issue to AO

December 27, 2021 6060 Views 0 comment Print

Rukmini Polytubes Pvt. Ltd. Vs DCIT (ITAT Delhi) ITAT find the adjustment of Rs. 1,82,543/- under section 43B(b) was made by the CPC on account of belated payment of PF and ESI payment of Bonus and GST. It is the submission of the Learned Counsel for the Assessee that the above payments were made before […]

ITAT deletes disallowance for belated payment of employees’ contribution to PF & ESI

December 27, 2021 1899 Views 0 comment Print

Worldwide Facility Management Services Pvt. Ltd. Vs DCIT (ITAT Delhi)  Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in […]

ITAT delete disalllowance for Employees’ contribution to PF & ESI paid before due date of ITR filing

December 27, 2021 1668 Views 0 comment Print

Aroon Facilitation Management Services Pvt. Vs DCIT (ITAT Delhi) I find the A.O. CPC in the instant case has computed the income of the assessee at Rs.16,58,230/- as against the returned income of Rs.6,98,610/- by making an adjustment for a sum of Rs.9,59,624/- on account of belated payment to employees’ contribution towards PF & ESI […]

No section 36(1)(va) for PF/ESI dues paid before return filing

December 26, 2021 14463 Views 0 comment Print

ITAT Delhi rules in Amandeep Singh Khurana vs ITO, disallowance u/s 36(1)(va) not valid for delayed PF/ESI deposit if made before return filing.

Delayed deposit of ESI/PF u/s 36(1)(va)- ITAT allowed deduction

December 26, 2021 1872 Views 0 comment Print

Transzone Logistrics (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) It is an undisputed fact that though there has been delay in deposit of PF/ESI dues but it is also an undisputed fact that money collected from employees, have been deposited with the appropriate authorities before filing of return of income. We find that Delhi Bench […]

Bright-line test for TP adjustment on AMP expenditure is unsustainable in law

December 25, 2021 7992 Views 0 comment Print

Timex Group India Ltd. Vs ACIT (ITAT Delhi) Brief facts of the case are that the assessee is a company engaged in the business of manufacture, trading, sale and servicing of quartz, analogue and digital watches and watch components; manufacture and sale of plastic components, tools and moulds; and rendering information technology and financial support […]

ITeS’ functionally not comparable to Knowledge Process Outsourcing

December 25, 2021 2517 Views 0 comment Print

The assessee company provides back office support services to AEs with the help of tools, infrastructure and training provided by the AEs which is different than the functions of the KPO.

ITAT deletes addition for royalty – Dabur India gets relief

December 25, 2021 2250 Views 0 comment Print

Dabur India Ltd. Vs ACIT (ITAT Delhi) We have heard both the parties and perused the relevant material available on record. As regards to agreement with Dabur Nepal Pvt. Ltd. Nepal, it is pertinent to note that the issue stands covered in favour of the assessee by the order of the Tribunal in the asssessee’s […]

Allowability of employees’ contribution to PF & ESIC paid after due date

December 23, 2021 11325 Views 0 comment Print

Star Facilities Management Limited VS ITO (ITAT Delhi) he only question to be decided in the grounds raised by the assessee is regarding the allowability of employees’ contribution to PF and ESI if deposited after the due date prescribed under the relevant Act, but, before the due date of filing of return of income u/s […]

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