TMI Blog2015 (12) TMI 1819X X X X Extracts X X X X X X X X Extracts X X X X ..... under the respective statutes - HELD THAT:- As decided in VBC INDUSTRIES LTD. AND OTHERS VERSUS DY. COMMISSIONER OF INCOME-TAX, CIRCLE 3 (3) , HYD. AND OTHERS [ 2015 (6) TMI 1 - ITAT HYDERABAD] we set aside the impugned order of the CIT(A) on this issue, and set aside the matter to the file of the Assessing Officer for reconsideration of the disallowance under S.43B, in the light of the above decision of the Tribunal in the case of VBC Industries, noted above, and with a direction that insofar as the payments made before the due date for the filing of the return u/s 139(1), no disallowance may be made under S.43B. AO is accordingly directed to verify the actual date of remittance of the employees' contribution to PF land ESI and re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he income. 3. Commissioner of Income-tax(Appeals) is not justified in confirming the disallowance of ₹ 18,47,120/- (comprising of ₹ 17,03.850/- towards employees share of PF and ₹ 1,43,270/- towards employee share of ESI) u/s. 36(1)(va) on the ground that such payments were made beyond the due dates under the respective Acts. Commissioner of Income-tax(Appeals) in this regard ought to have seen that Hon'ble Apex Court held in the case of Alom Exclusions Ltd. (supra) that even payments made on account of PF and ESI before due date for filing of return are allowable as deduction. Hence the Commissioner of Income-tax(Appeals) should not have confirmed the disallowance ₹ 18,47,120/-. 4. For all of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ground for the time being is considered allowed for statistical purposes. Learned counsel expressed no objection if similar direction is given in this case also. 5. The Learned Departmental Representative, on the other hand, relied upon the orders of the Revenue authorities. 6. We have carefully considered the rival submissions. In the light of the decision of the Hyderabad Bench of the Tribunal in the case of Suryavanshi Spinning Mills, cited supra, we set aside the order of the CIT(A) on this issue and direct the Assessing Officer to reconsider the matter in the light of the directions of the Tribunal in para-3 thereof extracted hereinabove. This ground of the assessee is accordingly allowed for statistical purposes. 7. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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