TMI Blog2019 (3) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... rom April 1, 2004, was clarificatory in nature and was to operate retrospectively. Thus, the assessee, for the assessment year 2003-04, was entitled to deduction in respect of the employer's and employees' contributions to the employees' State Insurance and provident fund as the contributions had been deposited prior to the filing of the return under section 139(1). So respectfully following the ratio laid down by the Hon'ble Jurisdictional High Court in the aforesaid referred to case, the impugned addition made by the AO and sustained by the Ld. CIT(A) is deleted. - Decided in favour of assessee. - ITA No. 1243/Chandi/2018 - - - Dated:- 29-3-2019 - SHRI N.K. SAINI, VICE PRESI DENT AND SHRI SANJAY GARG, JUDICIAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of sum of ₹ 10,84,619. The assessing officer invoking the provisions of section 36(1)(va) of the Income Tax Act, 1961 made addition of ₹ 10,84,619. During appeal proceedings, the Ld. Counsel has placed reliance on judgments of P H High Court in the case of CIT vs. Mark Auto Industries Ltd. And CIT vs. Lakhani India Ltd. wherein the Hon'ble Punjab Haryana High Court dismissed revenue appeals against the order of lower authorities who have allowed deduction since in both the case of the payment of employees' contribution of ESI and PF were made within the grace period of five days allowed under the respective Acts. But in the case of assessee the payments were made beyond the grace period allowed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with effect from April 1, 2004, was clarificatory in nature and was to operate retrospectively. Thus, the assessee, for the assessment year 2003-04, was entitled to deduction in respect of the employer's and employees' contributions to the employees' State Insurance and provident fund as the contributions had been deposited prior to the filing of the return under section 139(1). So respectfully following the ratio laid down by the Hon'ble Jurisdictional High Court in the aforesaid referred to case, the impugned addition made by the AO and sustained by the Ld. CIT(A) is deleted. (12) In the result the appeal of the assessee is allowed. (Order pronounced in the open Court on this day 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
