2018 (3) TMI 1788 - AT - Income Tax

Late payment of Employees Contribution to PF/ESI - HELD THAT - We find that issue in question is squarely covered against the assessee by Hon ble jurisdictional High Court s judgment in the case of CIT vs. Gujarat State Road Transport Corporation 2014 (1) TMI 502 - GUJARAT HIGH COURT wherein it is categorically held that in the case of delayed deposit of employees contribution to PF, the same will not be deductable in computing income under section 28 of the Act. The law so laid down by the Hon ble jurisdictional High Court is binding on us. The mere fact that an appeal against the said decision is pending before the Hon ble Supreme Court does not dilute binding nature of this judicial precedent. - Decided against assessee.

Summary

Issues:
Challenge to correctness of order dated 21.09.2016 passed by CIT(A)-1, Ahmedabad regarding assessment under section 143(3) of the Income-tax Act, 1961 for the assessment year 2013-14. Addition of ?8,13,235 for late payment of Employees Contribution to PF/ESI.

Analysis:
The appeal was filed by the assessee challenging the order passed by the CIT(A)-1, Ahmedabad related to the assessment under section 143(3) of the Income-tax Act, 1961 for the assessment year 2013-14. The main contention of the assessee was regarding the addition of ?8,13,235 for the late payment of Employees Contribution to PF/ESI. During the hearing, no one appeared on behalf of the assessee. The Tribunal observed that the issue was conclusively settled against the assessee by the judgment of the Hon'ble jurisdictional High Court in the case of CIT vs. Gujarat State Road Transport Corporation, wherein it was held that delayed deposit of employees' contribution to PF would not be deductible in computing income under section 28 of the Act. The Tribunal emphasized that the binding nature of this judicial precedent was not diluted by the pendency of an appeal before the Supreme Court. Additionally, the Tribunal clarified that the dismissal of SLP in another case did not constitute a binding legal precedent. Citing various judgments, the Tribunal concluded that there was no legally sustainable merit in the case of the assessee and dismissed the appeal in line with the judgment of the Hon'ble jurisdictional High Court in the case of Gujarat State Road Transport Corporation.

Therefore, the Tribunal dismissed the appeal of the assessee, upholding the addition of ?8,13,235 for the late payment of Employees Contribution to PF/ESI. The decision was pronounced in open court on 22nd March, 2018.