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2022 (8) TMI 672 - AT - Income TaxLate payment of EFP - EPF collected from Employees and remitted beyond the due date prescribed under the relevant Act - EPFO'S Withdraws Grace Period of 5 Days for Depositing the Dues from February, 2016 - HELD THAT:- As it can be seen from the assessment order passed by the A.O., there is no discussion about why the disallowance of late payment of EFP by the AO but simply disallowed relying upon Column 20(b) of the Audit Report field by the assessee. Similarly, the ld. CIT(A) has not given proper opportunity of explaining the assessee's case but simply followed the jurisdictional High Court judgment and confirmed the addition. Taking into note of the Press release passed by Ministry of Labour & Employment dated 12/01/2016 wherein the concession of grace period of 5 days available to the employers for depositing the contribution and other dues, we deem it fit that the matter may be remitted back to the file of the Assessing Officer for the limited purpose of verifying the payments made by the assessee. With this observation, the appeal filed by the Assessee is allowed.
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