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2022 (1) TMI 367 - AT - Income TaxDisallowance of Employees Provident Fund & Employees ESI u/s. 36(1)(va) - Whether the said amount has been deposited before the filing of return u/s. 139(1) - HELD THAT:- As decided in AIMIL Ltd. [2009 (12) TMI 38 - DELHI HIGH COURT] the employees' contribution is not deposited by the due date prescribed under the relevant Acts 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 ESI Act. Therefore, the Act permits 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 Vinay Cement [2007 (3) TMI 346 - SC ORDER] - also see PRO INTERACTIVE SERVICE (INDIA) PVT. LTD. [2018 (9) TMI 2009 - DELHI HIGH COURT] - Decided in favour of assessee.
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