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2015 (1) TMI 1241 - AT - Income TaxDisallowance of the amount being employees’ contribution to PF Account / ESI Contribution - Held that:- Where any sum received by the assessee from any of its employees as contribution to PF and/or ESI was not credited by the assessee to employees’ accounts in the relevant fund or funds on or before the due date as per Explanation to sec. 36(1)(va) of the I.T. Act, the assessee shall not be entitled to deduction thereof. Accordingly, the order of the CIT(A) is reversed on this issue and that of the Assessing officer is restored. - Decided against assessee. Addition u/s. 2(22)(e) - CIT(A) deleted the addition - Held that:- We find that during the first appellate proceedings, the CIT(A) got admitted the ledger account statements and thereafter, he came to the conclusion that the said amount received were credited on the last date of the financial year and represented salary payments made on behalf of the company on account of commercial expediency. These ledger statements were not filed before the Assessing officer and the CIT(A) has also not called for remand report from the Assessing officer. In our opinion, it is proper to remit the issue to the file of the Assessing officer for fresh consideration in the light of the material produced before the CIT(A) on this issue as this was not placed before the Assessing officer for his comments. - Decided in favour of revenue for statistical purposes.
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