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2023 (3) TMI 1038 - AT - Income TaxDefaults in deposit of employee’s contribution fund - delayed employee’s PF contribution payment - Entitlement for the grace period - HELD THAT:- Hon’ble Supreme Court in the case of Checkmate [2022 (10) TMI 617 - SUPREME COURT] held that employers have to deposit employee’s contribution covers ESI and PF on or before due date to avail deduction u/s 36(1)(va) and 43B of the Act. Payment for due date of deposit of provident fund i.e. 15.08.2016 which was paid on the very next day i.e. 16.08.2016, considering the fact that August 15th being Independence Day and the general holiday, the payment made on the next day deserves to be treated as the payment has been done on time. Accordingly, the addition is hereby deleted. Remaining addition we deem it fit to remand the matter to the file of Assessing Officer to examine as to whether assessee is entitled for the grace period as claimed by the Assessee or not and consider the issue denovo after providing opportunity of being heard to the assessee - Appeal filed by the assessee is partly allowed for statistical purpose.
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