BPS Infrastructure v. ITO (2024) 164 taxmann.com 270 / (2025) 473 ITR 357 (Chhattisgarh) (HC)

S. 253 : Appellate Tribunal-Appeals-Delay of 680 days-Order of Tribunal dismissing the appeal is affirmed-Payment of employees’ contribution towards PF and ESIC beyond due date-Not allowable as deduction.[S. 36(1)(va),260A]

Assessee-firm made payment of employees’ contribution towards PF and ESIC beyond due date and claimed deduction of same under section 36(1)(va). Assessing Officer disallowed claim.  Commissioner (Appeals) dismissed appeal on ground of non-compliance   Assessee against order of Commissioner (Appeals) filed appeal before Tribunal with a delay of 680 days. Tribunal declined to condone delay and dismissed appeal.  Held that since appeal filed by assessee before Tribunal was not only devoid of merits but also barred by limitation as provided under section 253, Tribunal had rightly dismissed appeal of assessee. (AY.2019-20)