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2019 (3) TMI 1627 - ITAT CHANDIGARHAddition on account of late payment of EPF - amount paid before due date of filing the return of income - HELD THAT:- In the present case, it is an admitted fact that there was delay in depositing the employees' contribution of provident fund and ESIC. However, it is accepted by the AO that the deposit was made before filing of the return of income on 27.09.2013. On a similar issue in the case of CIT vs. Hemla Embroydery Mills (p.) Ltd. [2013 (2) TMI 41 - PUNJAB AND HARYANA HIGH COURT] held as the second proviso to section 43B of the Income-tax Act, 1961, omitted by the Finance Act, 2003, with effect from April 1, 2004, was clarificatory in nature and was to operate retrospectively. Thus, the assessee, for the assessment year 2003-04, was entitled to deduction in respect of the employer's and employees' contributions to the employees' State Insurance and provident fund as the contributions had been deposited prior to the filing of the return under section 139(1). So respectfully following the ratio laid down by the Hon'ble Jurisdictional High Court in the aforesaid referred to case, the impugned addition made by the AO and sustained by the Ld. CIT(A) is deleted. - Decided in favour of assessee.
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