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Pratap Technocrats Private Limited, ... vs Adit, Cpc, Bengaluru/ Dcit, Cr.1 ... on 22 February, 2022 cites

Commissioner Of Income Tax, Jaipur - Ii vs State Bank Of Bikaner And Jaipur on 20 September, 2021

This decision of Honble Rajasthan High Court is based on an earlier decision of the same High Court in the case of CIT vs State Bank Of Bikaner and Jaipur 363 ITR 70.After going through the texts of judgment in the case of State Bank of Bikaner and Jaipur, I find that this decision of Honble Rajasthan High Court was based on the decision of Hon ble Apex Court in the case of Vinay Cements Ltd(supra). As already discussed in the foregoing paras as to how the decisions of various high courts based on the Honble Apex Court decision in the case Vinay Cements Ltd fall in the category of sub- silentio decision as the issue in the case of Vinay Cemnts Ltd was pertaining to s.43B(b) deduction on delayed payments of Employers contribution to PF/ESIC and not the Employees contributions. Thus, such sub-silentio decisions loose binding precedence . In view of these discussions, I hold that the appellant is not eligible for deduction of Rs.5,61,32,750/- pertaining to employees contribution. Also, the AO was well within his jurisdiction u/s 143(1)(a)(ii) of the Act to disallow an incorrect claim of Rs.5,61,32,750/- apparent from the information in Form no. 3CD attached with the return of income. Therefore, grounds of appeal no. 1 to 2 are hereby dismissed.
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