TMI Blog2024 (3) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed as a deduction u/s 43B - HELD THAT:- We find the issue now stands decided against the assessee by the decision of Checkmate Services (P) Ltd [ 2022 (10) TMI 617 - SUPREME COURT] wherein as held that if the Employees contribution to PF ESI are not deposited before the statutory due dates mentioned in the respective Act, the same cannot be allowed as a deduction. Since admittedly, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate to the order of the learned CIT (A) in sustaining the disallowance made by the CPC Bengaluru u/s 143(1) towards delayed remittance of Employees contribution to PF ESI amounting to Rs.1,85,76,482/-. 3. Facts of the case, in brief, are that an amount of Rs. 1,85,76,482/- was added by the CPC Bengaluru in the intimation u/s 143(1) on account of late payment of employees contribution to PF ESI as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not deductible u/s 36(1)(va) of the I.T. Act. Accordingly, the appeal filed by the assessee was dismissed. 5. Aggrieved with such order of the learned CIT (A) the assessee is in appeal before the Tribunal. 6. We have heard the rival contentions and perused the material available on record. It is an admitted fact that an amount of Rs. 1,85,76,482/- being employees contribution to PF and ESI have n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due date prescribed u/s 139(1) for filing of the return of income, therefore, the learned CIT (A) NFAC was fully justified in upholding the addition/disallowance made by the CPC in the intimation u/s 143(1). The grounds raised by the assessee are accordingly dismissed. 7. In the result, appeal filed by the assessee is dismissed. Order pronounced in the Open Court on 13th March, 2024. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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