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2022 (9) TMI 492 - AT - Income TaxDelayed employee contribution to PF/ESI - disallowance made under Section 36(1)(va) - assessee submitted that the contributions to PF and ESI were remitted to Govt. account before due dates for filing return of income by the assessee - HELD THAT:- We direct the Assessing Officer/CPC to delete the disallowance of employees’ contribution to EPF and ESI in this case as the contribution was remitted before the due date for filing of return of income. See AIMIL LIMITED [2009 (12) TMI 38 - DELHI HIGH COURT] , M/S. ALOM EXTRUSIONS LIMITED [2009 (11) TMI 27 - SUPREME COURT] - Decided in favour of assessee. Disallowance made by the CPC, Bangalore u/s 143(1) in respect of interest paid by the assessee on delayed remittance of TDS - Scope of debatable issue - HELD THAT:- As there are divergent views on the issue. In our opinion, whether interest paid by the assessee on delayed remittances of TDS is allowable expenditure or not is certainly a debatable issue and, therefore, is outside the scope of purview of the provisions of section 143(1) of the Act. Thus, the CPC, Bangalore/Assessing Officer is directed to delete the disallowance made in respect of interest paid on delayed remittances of TDS while passing the return under section 143(1) of the Act. Grounds raised by the assessee are allowed.
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