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Case Law Details

Case Name : Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune)
Appeal Number : ITA No.87/PUN/2022
Date of Judgement/Order : 24/11/2022
Related Assessment Year : 2017-18
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Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune)

Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not deposited before the due date mentioned in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, the impugned amount has been rightly disallowed

Supreme Court in the case of Checkmate Services (P.) Ltd. Vs. Commissioner of Income-tax-1 vide order dated October 12, 2022   has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not deposited before the due date mentioned in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, the impugned amount has been rightly disallowed

FULL TEXT OF THE ORDER OF ITAT PUNE

This is an appeal filed by the Assessee against the order of the ld. Commissioner of Income Tax(Appeal)[NFAC], Delhi dated 01.12.2021 emanating from the order of the Assessing Officer under section 143(3) dated 26.12.2019. The grounds of appeal by the assessee are as under :

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