TMI Blog2014 (3) TMI 1120X X X X Extracts X X X X X X X X Extracts X X X X ..... of Commissioner of Income-tax vs. Pogagen AMP Nagarsheth Powertronics Ltd [2014 (3) TMI 934 - GUJARAT HIGH COURT] Belated payment of provident fund and ESIC amounts - Held that:- In so far as the employer’s contribution to Provident fund and ESIC, which were deposited late is concerned, deduction would be available. The question is answered in favour of the assessee. However, with respect to belated payments of provident fund and ESIC pertaining to the employee’s contribution, no deduction would be available and accordingly, the question is answered against the assessee. - Tax Appeal No. 1373 of 2009 - - - Dated:- 19-3-2014 - MR. AKIL KURESHI AND MS. SONIA GOKANI, JJ. For The Appellant : Mr Sudhir M Mehta, Advocate For The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dments made in the provisions of section 43B(b), without considering the fact that such amendments are effective from A.Y.2004-05 and not applicable in the year under consideration ? 2. Having heard learned counsel for parties, we find that most of the questions are covered by different judgments of this Court. Question[A] is covered by the judgment of this Court dated 12.3.2014 in the case of Commissioner of Income Tax-III vs. M/s. Priyanka Gems passed in Tax Appeal No.1468 of 2006 and connected appeals. Such question is accordingly answered in favour of the assessee. 3. Counsel for the assessee pointed out that Question [B] does not arise out of the judgment of the Tribunal. We, therefore, do not answer such question. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ployer s and employees contribution to provident fund and ESIC for the year under consideration were as follows:- A.Y.2000-2001 PF Employee s contribution Rs.4,63,477/- PF Employer s contribution Rs.5,58,623/- PF Employee s contribution Rs.4,61,485/- ESIC Employer s contribution Rs.8,96,867/- 8. Under the circumstances, the question is answered in the following manner:- In so far as the employer s contribution to Provident fund and ESIC, which were deposited late is concerned, deduction would be available. The question is ans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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