Case Number: ITA 1591/DEL/2021
Appellant: Dinesh Sharma, Haryana
Respondent: ADIT, CPC, Bangalore
Assessment Year: 2019-20
Case Filed on: 2021-10-29
Order Type: Final Tribunal Order
Date of Order: 2022-05-17
Pronounced on: 2022-05-17
In the matter of Dinesh Sharma versus ADIT CPC Bangalore, the appeal was filed by Dinesh Sharma challenging the disallowance of expenses for delayed Employee State Insurance (ESI) and Provident Fund (PF) deposits by the Assessing Officer (AO) for the assessment year 2019-20. The appellant argued that the contributions were made before the due date of filing the income tax return and should be allowed as expenses under Section 43B of the Income Tax Act, 1961.
The case was heard before the Delhi Bench ‘G’ of the Income Tax Appellate Tribunal, consisting of Judicial Member Shri Kul Bharat and Accountant Member Shri Pradip Kumar Kedia. The appeal was taken up for hearing and the decision was pronounced on May 17, 2022.
The appellant, represented by Shri Charitra Gupta, CA, raised the following grounds of appeal:
The respondent’s representative, Sr. DR Shri Sanjay Kumar, supported the decision of the lower authorities and argued that the law is clear regarding the disallowance of expenses due to delayed deposits.
After considering the submissions and reviewing the material on record, the tribunal made the following observations:
Based on these observations, the tribunal directed the AO to delete the disallowance and allowed the appeal filed by Dinesh Sharma.
The tribunal allowed the appeal filed by Dinesh Sharma, directing the AO to delete the disallowance made for the assessment year 2019-20. The order was pronounced in the open court on May 17, 2022.
Order:
In the result, the appeal of Dinesh Sharma is allowed.
Order pronounced in the open Court on May 17, 2022.
—
(KUL BHARAT)
JUDICIAL MEMBER
(PRADIP KUMAR KEDIA)
ACCOUNTANT MEMBER
Date: May 17, 2022
Dinesh Sharma vs ADIT CPC Bangalore: Delay in ESI and EPF Deposit for AY 2019-20
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