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2023 (1) TMI 963 - ITAT DELHIAssessment u/s 153A - Disallowance on account of provisions made against loss of stock due to damage/obsolete conditions - HELD THAT:- We find that Ld. CIT(A) while deciding the issue has noted that Ld. CIT(A) for the same assessment year in assessee’s own case had deleted the addition in the order framed u/s. 153C r.w.s. 153A of the Act. We further find that on identical facts the coordinate bench of the Tribunal while deciding the issue for A.Y. 2003-04 [2021 (10) TMI 696 - ITAT DELHI] had held that the obsolete inventories were written off by reducing the carrying cost of inventory and the claim was therefore allowed to the assessee. Late deposit of PF contribution - disallowance made u/s. 43B on account of delayed contribution of PF/ESI dues - HELD THAT:- It is an undisputed fact that the PF/ESIC dues which were disallowed by A.O. were not deposited by the assessee before the due date prescribed under the respective statute. We find that Hon’ble Apex Court in the case of Checkmate Services (P.) Ltd. [2022 (10) TMI 617 - SUPREME COURT] has held that employees contribution is money held by the assessee employer in trust and is its income unless paid into the fund by “due date”. It has further held that the “due date’’ is the date prescribed by the enactment governing the fund in question and it is deductible only if it is deposited in respective fund by that date. In the present case since it is undisputed fact that the amount of contribution of PF/ESI has not been deposited before the due date prescribed under the relevant Acts, therefore following the decision of Hon’ble Apex Court in the case of Checkmate Services (P.) Ltd. [2022 (10) TMI 617 - SUPREME COURT] the same is not allowable. We accordingly, uphold the action of A.O. in disallowing the same. Thus the ground of the Revenue is allowed.
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