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Post-Checkmate Law: Late PF/ESI Deposits Mandate Disallowance

Case Law Details

Case Name
Bansi Agrawal Vs ACIT (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Bansi Agrawal Vs ACIT (ITAT Raipur) Delayed Employees’ PF/ESI Contribution Disallowed Post-Checkmate: ITAT Raipur Upholds Addition The Raipur Bench of the ITAT dismissed the assessee’s appeal for AY 2018-19, upholding the disallowance of employees’ contribution to PF/ESI that was deposited beyond the due dates prescribed under the respective labour laws. The Tribunal relied squarely on the Supreme Court’s ruling in Checkmate Services (P) Ltd. v. CIT (2023) 6 SCC 451, holding that such delayed deposits are deemed income of the employer and not allowable as deduction under section 36(1)(...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,641

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