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2022 (6) TMI 732 - AT - Income TaxDelayed payment of employees contribution to PF / ESI invoking the provisions of section 2(24(x) read with section 36(1)(va) - Payment has been made beyond the stipulated date but before the date of filing of the return - HELD THAT:- We find that with regard to the grievance of the assessee against the action of the ld. CIT(A) in confirming the additions made by the CPC relating to employees’ contribution towards PF & ESI, there is no dispute between the parties regarding the date of deposit of PF & ESI, which clearly is beyond the prescribed date of deposit as applicable under the relevant section of the I.T. Act. Further, there is no dispute between the parties that the deposits were made before the filing of return of income for the relevant assessment year. The Hon'ble Allahabad High Court, in the case of ‘Sagun Foundry (P.) Ltd. [2016 (12) TMI 1479 - ALLAHABAD HIGH COURT] has dealt with a similar issue and after taking into account the judgment of the Hon'ble Supreme Court in the case of ‘CIT vs. Alom Extrusion Ltd.’ (2009 (11) TMI 27 - SUPREME COURT] has decided the issue in favour of the assessee.
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