2018 (2) TMI 2065 - HC - Income Tax

Delayed employees share of the contributions made for the employees welfare in the relevant schemes in the Employees Provident Funds Act, 1952 and the Employees State Insurance Act, 1948 - applicability of Section 43B - AO had disallowed amounts claimed, by the assessee holding them to be subject to deduction under Section 36(1)(va) - HELD THAT - ITAT went by the previous decision of this Court in Commissioner of Income Tax v. AIMIL Ltd. Ors. 2009 (12) TMI 38 - DELHI HIGH COURT That judgment had relied upon the Supreme Court ruling in Commissioner of Income Tax v. Vinay Cement Ltd. 2007 (3) TMI 346 - SC ORDER . Since the issue is covered by rulings of this Court and the ITAT merely applied the ratio in those decisions, no question of law arises.

Summary

The High Court dismissed the appeal regarding the applicability of Section 43B of the Income Tax Act, 1961. The AO disallowed claimed amounts subject to deduction under Section 36(1)(va) related to employees' welfare contributions. The ITAT decision aligned with previous court rulings, leading to the dismissal of the appeal.