2023 (1) TMI 729 - SCH - Income Tax

Disallowance u/s 36(1)(va) being employee's contribution to provident fund and ESI - same were not deposited in the respective fund within the stipulated time - HELD THAT - As appellant submits that the issue involved in this appeal is squarely answered in favour of the Revenue by a three Judge Bench of this Court in Checkmate Services Private Limited vs. Commissioner of Income Tax-I) 2022 (10) TMI 617 - SUPREME COURT In view of the above, the impugned judgment passed by the High Court of Judicature at Bombay is set aside and the Appeal is allowed in terms of the cited decision.

Summary

Issues involved:
- Service completion on the respondent
- Appearance on behalf of the respondent
- Interpretation of relevant legal precedent
- Setting aside the judgment of the High Court

Analysis:

1. Service completion on the respondent:
The judgment begins by noting that service has been completed on the sole respondent, but no appearance has been entered on behalf of the respondent. This establishes the procedural aspect of the case where the respondent was duly served but failed to participate in the proceedings.

2. Appearance on behalf of the respondent:
Despite service being completed, no representation was made on behalf of the respondent. This lack of appearance on the respondent's side could have implications on the overall outcome of the case.

3. Interpretation of relevant legal precedent:
The petitioner's counsel refers to a previous judgment by a three-judge bench of the Supreme Court in "Checkmate Services Private Limited vs. Commissioner of Income Tax-I," which had a bearing on the issue at hand. The counsel argues that the said judgment decisively favored the Revenue, providing a legal basis for the current appeal.

4. Setting aside the judgment of the High Court:
Based on the cited precedent and the arguments presented, the Supreme Court sets aside the impugned judgment of the High Court of Judicature at Bombay, which was dated 22.03.2019. The appeal is allowed in alignment with the decision rendered in the referenced case, indicating a clear overturning of the lower court's ruling.

This comprehensive analysis of the judgment showcases the procedural and substantive aspects considered by the Supreme Court in arriving at its decision. The reliance on established legal precedent and the subsequent setting aside of the High Court's judgment highlights the meticulous legal reasoning employed in reaching a final resolution in the case.