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2016 (12) TMI 1785 - AT - Income TaxDelayed payment to the P.F. account (Employees Contribution) - CIT-A concluded that even if there is a delay in making payment to the P.F. Account, so long as it is paid before the date of filing of the return there cannot be any disallowance under the I.T. Act. - HELD THAT:- We accept the claim of the assessee and hold that the Ld. CIT(A) having set aside the disallowance by following the decision of the Hon’ble Delhi High Court AIMIL LIMITED, NIRMALA SWAMI, SPEARHEAD DIGITAL STUDIO, M/S. NET 4 INDIA LTD., MODIPON LTD., & M/S. EKTA AGRO INDUSTRIES LTD., [2009 (12) TMI 38 - DELHI HIGH COURT] which inturn, followed the ratio laid down by the Apex Court in the case of Vinay Cements Ltd. [2007 (3) TMI 346 - SC ORDER] the view taken by the Ld. CIT(A) do not call for any interference. Accordingly, ground No.2 of the Revenue (for the A.Y. 2010-2011) is dismissed. Disallowance by applying the provisions of Section 40(a)(ia) - Addition set aside by CIT(A) on the ground that the said Section applies only in the case of amount “payable” and not in respect of the amount already paid - HELD THAT:- Admittedly identical issue was decided by the ITAT, Hyderabad Bench, in number of cases, in favour of the assessee and against the Revenue in the light of observations of the Hon’ble jurisdictional High Court [in the case of CITII, Hyderabad vs., M/s. Janapriya Engineers Syndicate [2015 (5) TMI 309 - ANDHRA PRADESH HIGH COURT] ] wherein the Court observed that until and unless the decision of the Special Bench is upset by this Court it is binding on smaller Benches and Coordinate Benches of the Tribunal. In ACIT, Central Circle-2, Hyderabad vs., M/s. Janapriya Properties Pvt. Ltd., Hyderabad [2015 (1) TMI 1208 - ITAT HYDERABAD] wherein one of us is a party] the Tribunal has analysed the issue and concluded that Section 40(a)(ia) cannot be invoked where the payments were already made. - Decided against revenue
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