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2016 (5) TMI 1590 - ITAT PUNEBelated payment of employees’ contribution to PF and ESI in contravention of the provisions of section 36(1)(va) - HELD THAT:- There is no dispute to the fact that the assessee in the instant case has deposited the employees’ contribution to PF and ESI before the due date of filing of the return of income although the same were deposited after the due date prescribed under the relevant Act. The Coordinate Benches of the Tribunal following the decisions of the Hon’ble Bombay High Court in the case of Ghatge Patil Transports Ltd.[2014 (10) TMI 402 - BOMBAY HIGH COURT] and in the case of CIT Vs. Hindustan Organics Chemical Ltd. [2014 (7) TMI 477 - BOMBAY HIGH COURT]are consistently taking the view that employees’ contribution to PF and ESI, if paid on or before the due date of filing of the return of income, is an allowable deduction. Since the assessee in the instant case has admittedly deposited the employees’ contribution to PF and ESI before the due date of filing of the return, a fact submitted before the AO as well as CIT(A) and not controverted by the revenue, therefore, we are of the considered opinion that no disallowance on account of such delayed payment is called for. We accordingly set aside the order of the CIT(A) and direct the AO to delete the addition. Grounds raised by the assessee allowed.
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