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2021 (7) TMI 277 - AT - Income TaxDisallowance on account of late payment of employee's contribution towards EPF and ESI - HELD THAT:- As considering the judgment of the Hon'ble Delhi High Court in the case of the CIT vs. AIMIL Ltd. [2009 (12) TMI 38 - DELHI HIGH COURT] has decided the issue in favour of the assessee. As decided in Pro Interactive Service (India) Pvt. Ltd [2018 (9) TMI 2009 - DELHI HIGH COURT] in view of the judgment of the Division Bench of Delhi High Court in Commissioner of Income Tax v. AIMIL Limited, [2009 (12) TMI 38 - DELHI HIGH COURT] the issue is covered against the Revenue and, therefore, no substantial question of law arises for consideration in this appeal. The legislative intent was/is to ensure that the amount paid is allowed as an expenditure only when payment is actually made. We do not think that the legislative intent and objective is to treat belated payment of Employee's Provident Fund (EPD) and Employee's State Insurance Scheme (ESI) as deemed income of the employer under section 2(23)(x) of the Act.- Decided in favour of assessee.
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