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M/S. Deepak Industries Ltd., Kolkata vs Dcit, Circle-6(1), Kolkata, Kolkata on 9 January, 2024
cites
Finance Act, 2015
Jcit(Osd),Cir.-12(1) , Kolkata vs M/S Wearit Global Ltd., Kolkata on 13 April, 2021
The
operative part of the case M/s Birla corporation Ltd. vs. DCIT is extracted
below:
Section 2 in Finance Act, 2020 [Entire Act]
Section 2 in Finance Act, 2015 [Entire Act]
Section 43B in The Income Tax Act, 1961 [Entire Act]
The Taxation Laws (Amendment) Act, 2000
The Taxation Laws (Amendment) Act, 2001
Checkmate Services Pvt. Ltd.,, ... vs The Addl. Cit, Range-1,, Baroda on 31 January, 2023
relating to above grounds are taken by the assessee have come to
rest by the recent verdict of the Hon'ble Supreme Court in
Chekmate Services Pvt. Ltd. Vs. CIT (2022) 143 taxmann.com
178 (SC) dated 12.10.2022 wherein it has been held that
"deduction u/s 36(1)(va) in respect of delayed deposit of amount
collected towards employees' contribution to PF cannot be claimed
when deposited within the due date of filing of return even when
read with Section 43B of the Income-tax Act,1961."
Dcit, Circle - 6(1), , Kolkata vs M/S. Birla Corporation Ltd., Kolkata on 7 February, 2023
14. In the appellate proceedings the Ld. CIT(A) allowed the appeal by
referring to the provision of Section 32(1) of the Act and also to the
Finance Act, 2015 inserting proviso to Section 32(1)( iia). The Ld. CIT(A)
also referred to the decision of Coordinate bench in the case of M/s Birla
Corporation Ltd. vs. DCIT reported in [2015] 55 taxmann.com 33
(Kolkata-Trib) while allowing the appeal of the assessee wherein the
similar issue has been decided in favour of the assessee.