Case Law Details
JCIT (OSD) Vs Subhash Deshmukh and Company (ITAT Pune)
Hon’ble SC in the case of Checkmate Services (P.) Ltd. Commissioner of Income-tax vide order dated October 12, 2022 has held that the employee’s contribution towards PF has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position that the amount was not deposited before the due date mentioned in the The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, the impugned amount has been rightly disallowed by the AO.
FULL TEXT OF THE ORDER OF ITAT PUNE
This appeal filed by the Revenue is directed against the order of ld.Commissioner of Income Tax(Appeals)-7, Pune, dated 22.09.2017for the A.Y. 2014-15 under section 250 of the Act. The Revenue has raised the following grounds of appeal:
“1. Whether on the facts and in the circumstances of the case, the Ld. CIT (A) is justified in deleting the addition made on account of delayed payment of employees contribution of PF relying on the decision of the Bombay High Court in the case of CIT vs Ghatage Patil Transports Ltd, wherein the Hon’ High Court in turn relied on the decision of Hon’ Supreme Court in the case of Alom Extrusion Ltd and in that case, before the Hon’ Supreme Court, the controversy was with respect to employers contribution and not with respect to employees contribution and the cbdt has also clarified the said issue in its circular No.22/2015 dated 17/12/2015.
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