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2015 (5) TMI 78 - HC - Income TaxDeduction under section 36(1)(va) - provident fund contribution made by the assessee beyond the period specified in Employees Provident Fund Scheme, 1952 - ITAT allowed the claim - Held that:-Before the Tribunal, we find that the department's representative fairly conceded that the case at hand was covered against the revenue by the decision of Marubeni India (P) Ltd. V/s. CIT ( 2006 (6) TMI 143 - ITAT DELHI-A) and Kanoi Paper & Industries Ltd. V/s. JCIT (2001 (5) TMI 139 - ITAT CALCUTTA-E) and especially in view of this position, the Tribunal upheld the order of the Commissioner of Income Tax (Appeals) by observing that the payment of contribution although made beyond the statutory period of 15 days from the end of the month in which wages are paid was made within the grace period of five days. The facts do not admit of any wanton negligence in complying with statutory requirements. The payment was in fact made within the grace period allowed to the assessee. The payment having been made within the grace period of five days, we are of the view that there is no reason to interfere. In the facts of the present case, the appeals do not raise any substantial question of law - Decided in favour of assessee.
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