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2022 (4) TMI 93 - AT - Income TaxRevision u/s 263 - Debatable issue - payments of the employees' contribution has not been made within the time prescribed under the relevant PF and ESI statutes - HELD THAT:- A perusal of the assessment order passed u/s. 143(3) r.w.s. 147 of the Act, which was the subject matter of the order u/s. 263 of the Act, clearly mentions this decision and in respect of the employees' contribution to PF and ESI. Further, as rightly pointed out by the Ld. AR, there are catena of decisions in favour and against the assessee. In respect of the issue the Hon'ble jurisdictional High Court of Kerala [2019 (7) TMI 1092 - KERALA HIGH COURT] and [2015 (9) TMI 560 - KERALA HIGH COURT] has also rendered two decisions, which are divergent. This being so, the issue is a debatable issue the same cannot be made a subject matter of revision u/s. 263 of the Act. Consequently, order passed u/s. 263 of the Act by the Ld. Pr. CIT stands quashed. Appeal of assessee is allowed.
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