Atamjeet Singh Sandhu v. ITO (2025) 128 ITR 407 (Chd.)(Trib.).

S. 36(1)(va): Employees’ contribution to PF/ESI -Prima facie adjustment under section 143(1) -Matter remanded for verification of employees’ and employer’s contributions. [S. 43B, 139(1), 143(1)(a)(iv)]

The CPC made an adjustment under section 143(1)(a)(iv) by disallowing delayed deposits of PF and ESI contributions on the basis of figures appearing in Form No. 3CD. The assessee contended that the figures included both employer’s and employees’ contributions and that only a smaller amount represented delayed employees’ contribution. The Tribunal held that the lower authorities had mechanically adopted the figures from the audit report without verifying the actual classification. The matter was restored to the Commissioner (Appeals) to verify the factual position, segregate the employer’s and employees’ contributions and restrict the disallowance, if any, only to delayed employees’ contributions. The Tribunal further held that the decision of the Supreme Court in Checkmate Services (P.) Ltd. is binding from the inception by virtue of Article 141 of the Constitution and that prima facie adjustment under section 143(1)(a)(iv) is permissible where based on particulars furnished in the audit report. (AY. 2018-19 to 2020-21)

Leave a Reply

Your email address will not be published. Required fields are marked *

*