Case Number: ITA No.2239/Del./2022
Date of Order: April 27, 2023
Judicial Members: Shri Shamim Yahya, Accountant Member and Shri Challa Nagendra Prasad, Judicial Member
This case involves Jindal Saw Limited, a company based in Delhi, appealing against the order of the Assistant Commissioner of Income Tax, Circle-13(2), Delhi. The primary issue under review was the timeliness of Provident Fund (PF) and Employee State Insurance (ESI) contributions relative to the prescribed statutory deadlines and their implications for tax liability under the Income Tax Act, 1961.
The appellant, Jindal Saw Limited, contested the additions made by the lower tax authorities regarding the late payment of PF and ESI contributions for the assessment year 2017-18. Despite these payments being made before the due date of filing the tax returns, they were added back to the income as they were not made within the time specified by the respective employment statutes.
The tribunal, led by members Shri Shamim Yahya and Shri Challa Nagendra Prasad, upheld the decision of the lower authorities, citing a precedent set by the Supreme Court in the case of Checkmate Services Pvt. Ltd. (2022), which ruled that any delay beyond the statutory deadline should result in the contributions being added back to the taxable income of the employer.
The tribunal dismissed the appeal filed by Jindal Saw Limited, affirming that the late payment of employee contributions to PF and ESI, even if made before the tax return filing deadline, does not comply with the requirements of the Income Tax Act, 1961, leading to a rightful increase in the taxable income of the appellant for the assessment year 2017-18.
This case underscores the strict interpretation of tax laws regarding the timing of employee contributions to welfare funds. It serves as a crucial precedent for other employers and highlights the importance of adhering to statutory timelines to avoid potential tax liabilities.
Order pronounced in the open court on April 27, 2023.
Legal Analysis of Jindal Saw Limited vs. ACIT, Circle-13(2), Delhi for AY 2017-18
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