Kogta Financial (India) Ltd. v. CPC

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The Tax Publishers2022 TaxPub(DT) 0334 (Jp-Trib) IN THE ITAT, JAIPUR BENCH SANDEEP GOSAIN, J.M. & VIKRAM SINGH YADAV, A.M. Kogta Financial (India) Ltd. v. CPC I.T.A. No. 182/JP/2021 11 November, 2021 Assessee allowed. Assessee by : P. C. Parwal (C.A.) Revenue by : Runi Pal (Addl.CIT) ORDER *Vikram Singh Yadav, A.M.* This is an appeal filed by the assessee against the order of learned Commissioner (Appeals), Delhi (NFAC) dated 29-9-2021 challenging the confirmation of additions in respect of employees contribution towards ESI/PF pertaining to assessment year 2018-19. 2. Briefly the facts of the case are that the assessee filed its return of income on 29-9-.2018 declaring total income of Rs. 13,32,08,953 which was processed under section 143(1) and in terms of intimation dated 16-10-2019 issued by CPC, it made disallowance of Rs. 37,62,586 towards employee's contribution towards ESI and PF. On appeal, the learned Commissioner (Appeals), NFAC has confirmed the disallowance made under section 143(1) on account of assessee's failure to pay the employee's contribution of PF/ESI within the prescribed due dates as per section 36(1)(va) of the Act. Against the said order, the assessee is in appeal before us. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2022 TaxPub(DT) 0334 (Jp-Trib)

IN THE ITAT, JAIPUR BENCH

SANDEEP GOSAIN, J.M. & VIKRAM SINGH YADAV, A.M.

Kogta Financial (India) Ltd. v. CPC

I.T.A. No. 182/JP/2021

11 November, 2021

Assessee allowed.

Assessee by : P. C. Parwal (C.A.)

Revenue by : Runi Pal (Addl.CIT)

ORDER

Vikram Singh Yadav, A.M.

This is an appeal filed by the assessee against the order of learned Commissioner (Appeals), Delhi (NFAC) dated 29-9-2021 challenging the confirmation of additions in respect of employees contribution towards ESI/PF pertaining to assessment year 2018-19.

2. Briefly the facts of the case are that the assessee filed its return of income on 29-9-.2018 declaring total income of Rs. 13,32,08,953 which was processed under section 143(1) and in terms of intimation dated 16-10-2019 issued by CPC, it made disallowance of Rs. 37,62,586 towards employee's contribution towards ESI and PF. On appeal, the learned Commissioner (Appeals), NFAC has confirmed the disallowance made under section 143(1) on account of assessee's failure to pay the employee's contribution of PF/ESI within the prescribed due dates as per section 36(1)(va) of the Act. Against the said order, the assessee is in appeal before us.