Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 168 - AT - Income TaxDisallowance of employees’ contribution to ESI and EPF - deposit before the due date of filing of return of income - HELD THAT:- As in Insta Exhibitions Pvt. Ltd. [2021 (8) TMI 1235 - ITAT DELHI] held that the employees’ contribution to EPF and ESI deposited before the due date of filing of return of income, but beyond the due date prescribed under the respective EPF and ESI laws is allowable as deduction. The decision relied on by the ld. CIT (Appeals) as has been considered by the Tribunal in this case and following the decision of the jurisdictional High Court in the case of CIT Vs. AIMIL Ltd. [2009 (12) TMI 38 - DELHI HIGH COURT] and the decision of case of Pr. CIT Vs. Pro Interactive Service (India) Pvt. Ltd. [2018 (9) TMI 2009 - DELHI HIGH COURT] and also ratio of the decision of the Hon’ble Supreme Court in the case of Vegetable Products Ltd. [1973 (1) TMI 1 - SUPREME COURT] the Tribunal decided the issue in favour of the assessee. Further find that identical issue came up before this bench in the case of Flying Fabrication Vs. DCIT [2021 (11) TMI 1041 - ITAT DELHI] wherein similar view has been taken. As direct the Assessing Officer to delete the disallowance made to contribution to EPF and ESI as the same were remitted before the due date of filing of return of income. Grounds raised by the assessee are allowed.
|