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2019 (8) TMI 794 - AT - Income TaxAddition of delayed payment of employees’ contribution of EPF and ESI - payment made late, though the same was paid before the due date of filing of return - addition making reliance on decision of the non jurisdictional High Court - HELD THAT:- Admittedly on facts, there is no dispute that as per the requirements of the specific Acts there was a delay in depositing the employees’ contribution which had been collected by the assessee. The fact that the amounts were deposited before the filing of the return is also an admitted fact and is not in dispute. Thus, on a consideration of the position of law as repeatedly enunciated by the different High Courts as well as the Apex Court, we hold that the CIT(A) has erred in ignoring the decision of the jurisdictional High Court on the issue and relying upon the decision of the non jurisdictional High Court when he was duty bound to follow the binding precedent available of the jurisdictional High Court in the case of Hemla Embroidery Mills P.Ltd. [2013 (2) TMI 41 - PUNJAB AND HARYANA HIGH COURT] which decision stands in the eyes of law as on date. Accordingly, the grounds raised by the assessee is allowed. Said order was pronounced in the Open Court at the time of hearing itself. - Appeal of the assessee is allowed.
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