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2019 (7) TMI 183 - AT - Income TaxDisallowing employees contribution towards provident fund (PF) and employees contribution towards ESI as per provisions of section 2(24)(x) and 36(i)(va) - HELD THAT:- Assessee has been decided by the Hon'ble Supreme Court in case of CIT vs. Vinay Cement Ltd. [2007 (3) TMI 346 - SC ORDER] . It is pertinent to note that if the employees' contribution is not deposited by the due date prescribed under the relevant statutes and is deposited late, the employer not only pays interest on delayed payment but can incur penalties also, for which specific provisions are made in the Provident Fund Act as well as the Employees’ State Insurance Act. Therefore, these Acts permit the employer to make the deposit with some delays, subject to the aforesaid consequences. Insofar as the Income Tax Act is concerned, the assessee can get the benefit if the actual payment is made before the return is filed, as per the principle laid down by the Supreme Court in case of Vinay Cement (supra). We find that on the issue in dispute the CIT(A) has followed the finding of the Hon'ble jurisdictional High Court, which is binding on the Tribunal or the CIT(A) functioning under the jurisdiction of the Hon'ble Delhi High Court. In view of the above, we do not find any error in the order of the CIT(A) and accordingly, we uphold the same. Ground No. 1 of the appeal of the Revenue is dismissed.
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