Employees’ contribution to EPF & ESI cannot be disallowed under section 154

Sanjay Kumar Vs ITO (ITAT Delhi)

ITAT held that the assessing officer’s use of Section 154 before 12.10.2022 to disallow EPF and ESI contributions was not justified, as the issue was debatable and there were conflicting views and such views.  Hon’ble Supreme Court judgment, giving a conclusive finding in favor of the Revenue in Checkmate Services Pvt. Ltd. Vs. CIT (Civil Appeal No. 2833 of 2016), was pronounced on 12.10.2022. As per the judgment, the disallowance of employees’ contribution to EPF and ESI has been sustained if

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