2011 (4) TMI 63 - ITAT KOLKATA

Addition of income - On account of employees’ contribution to ESI & PF - On going through the Annexure D-1 and D-11 of the TAR it was found that the employees contribution towards P.F. and ESI were not deposited within the due date to the appropriate authority - Hon’ble Delhi High Court in the case of CIT v. P.M. Electronics Ltd. (2008 -TMI - 31356 - DELHI HIGH COURT) - Held that the Employees’ contribution falling under 36(1)(va) r.w.s. 2(24)(x) of the Act and allowed the claim of the assessee

Provision of section 43B(b) clearly provides that notwithstanding anything contained in the other provisions of the Act including section 36(1) clause (va) of the Act, even prior to the insertion of that clause the assessee is entitled to get statutory benefit of deduction of payment of tax from the Revenue - Accordingly the appeal of the revenue is dismissed