TMI Blog2015 (12) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... ontribution to PF also, we uphold the order of the CIT(A) as it is not disputed before us that the PF dues though have been paid beyond the due date of Provident Fund Act, but much before the due date of filing of return of income u/s 139(1) which is allowable in view of the decision of Hon’ble Supreme Court in the case of CIT vs Alom Extrusions Limited, reported in [2009 (11) TMI 27 - SUPREME COURT ]. Thus, the order of the CIT(A) on this score also is upheld. - Decided in favour of assessee - ITA No. : 7606/Mum/2013, Cross Objection No. 113/Mum/2015 - - - Dated:- 4-9-2015 - SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER For The Appellant Cross Objector : Shri Surendra Damle For The Respondent : Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Hon ble Mumbai Tribunal in the case of LKP Securities Ltd in ITA No. 638/M/2012 w.r.t. late payment of Employees Contribution to PF by the assessee company . 2. During the course of the assessment proceedings, the Assessing Officer on the perusal of the Balance Sheet noticed that there is a mention in Schedule H , regarding unpaid service tax liability and Employees contribution to provident fund for sums amounting to ₹ 1,29,79,838/- and ₹ 29,69,876/- respectively. The Assessing Officer held that such a payment should be disallowed u/s 43B as there has been delayed payment on account of both, Employee s contribution to PF and delay in payment of Service Tax. 3. The Ld. CIT(A), so far as disallowance of ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on expenditure nor did the assessee claim any deduction in respect of the amount and considering that the assessee is following the mercantile system of accounting, the question of disallowing the deduction not claimed would not arise . In the case of ACIT vs Real Image Media Technologies (P) Ltd (2008) 116 TTJ 964 (Chennai) wherein it is held as under: (2009) 21 ITD 461 (Chennai) (TM) Section 43B can only be invoked when the assessee claims deduction for any sum payable by way of tax or duty, under any law for the time being in force, and, as such, whether neither such deduction is claimed nor charge is made to the profit and loss account, there is no question of disallowing the amount. Having regard to the facts, the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As the appellant had paid the service tax and also not claimed the deduction in profit and loss account, sec. 43B of the IT Act Is not applicable in view of the above mentioned case. Hence ground of appeal is allowed . Regarding Employees contribution to PF dues of ₹ 29,69,876/-, he held from the perusal of records that the same has been paid much before the due date of filing of the return of income, therefore, following the decision of Hon ble Supreme Court in the case of CIT vs Alom Extrusions Limited, reported in 319 ITR 306, he allowed the said deduction. 4. After hearing both the parties and on perusal of the impugned order, we find that so far as disallowance on account of non-payment of service tax liability u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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