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2022 (2) TMI 1231 - AT - Income TaxDelayed payment of employee’s contribution towards EPF and ESI - case of the assessee before lower authorities that it has deposited the employee’s contribution in EPF and ESI before the due date of filing of return of income stipulated u/s 139(1) - HELD THAT:- As decided in PRO INTERACTIVE SERVICE (INDIA) PVT. LTD. [2018 (9) TMI 2009 - DELHI HIGH COURT] issue covered in favour of assessee. Amount paid is allowed as an expenditure only when payment is actually made. We do not think that the legislative intent and objective is to treat belated payment of Employee’s Provident Fund (EPF) and Employee’s State Insurance Scheme (ESI) as deemed income of the employer under Section 2(24)(x) . Scope of amendment - The claim of deduction of contribution to Employee’s State Insurance Scheme (ESI) and Provident Fund u/s.36(1)(va) could not he denied to the assessee in Assessment Year 2017-18 in quest ion on the basis of amendments made by Finance Act, 2021. For this proposition. we find support from the decision of the Co-ordinate Bench of Tribunal in the case of The Continental Restaurant and Cafe Company vs. ITO [2021 (10) TMI 843 - ITAT BANGALORE] AND M/S. ADYAR ANANDA BHAVAN SWEETS INDIA P LTD. [2021 (12) TMI 558 - ITAT CHENNAI] - Decided in favour of assessee.
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