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2009 (11) TMI 56 - HC - Income TaxContribution of PF, EPF, EC – Non deposit of amount by due date - ITAT deleted the addition of Rs.69,10,329/- and Rs.69,89,302/- made by the Assessing Officer, inter alia, on account of employees’ contribution to PF & EC - The assessee claimed deduction in respect of payment of contribution towards provident fund, which was disallowed on the ground that payment was beyond the stipulated date. The CIT (A) upheld that claim of the assessee by referring to explanation to Section 43B, read with Explanation to Section 36(1)(va) and Section 2(24)(x) of the Act with further observation that the payment was within the due date, as per circular issued under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. This view has been upheld by the Tribunal – held that - View of the Tribunal is consistent with the view of judgment of Gauhati High Court in Commissioner of Income Tax v. George Williamson (Assam) Ltdagainst which SLP was dismissed and which was followed in judgment of Delhi High Court in Commissioner of Income Tax v. Dharmendra Sharma. with which we respectfully agree. No substantial question of law arises. The appeal is dismissed. – Decided in favor of assessee
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