TMI Blog2016 (8) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... Fund Act - The asseessee shall be entitled to exemption / deduction under section 43 to the extent payment was made within the grace period - Decided in favour of assessee. - TAX APPEAL NO. 2486 of 2010 With TAX APPEAL NO. 2577 of 2009 - - - Dated:- 21-7-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MR NITIN K MEHTA, ADVOCATE FOR THE RESPONDENT : MR MANISH J SHAH, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned judgment and order dated 16.07.2010 07.08.2009 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench B) and A (hereinafter referred to as the ITAT ) in ITA No. 899/Ahd/2008 and 1875/Ahd/2009 for the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue dismissed the appeal and confirmed the findings of CIT(A). 3.1 So far as Tax Appeal No. 2577 of 2009 is concerned, during the course of assessment proceedings it was observed that as per Annexure 5 to Form 3CD the payments to employee s contribution to PF and ESI were made by the assessee after due dates and that for the purpose of computing the due dates the assessee had availed the benefit of grace period. The Assessing Officer disallowed the same. On appeal, the CIT(A) deleted the addition. On appeal before the Tribunal by the revenue, the Tribunal dismissed the appeal and confirmed the findings of CIT(A). 4. Being aggrieved and dissatisfied with the impugned orders passed by the ITAT, the revenue has preferred the present T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering the fact that the learned Tribunal has granted relief to the assessee with respect to the amount of provident fund which the assessee deposited with the department within extended grace period under the Provident Fund Act, it cannot be said that the learned Tribunal has committed any error in granting the reliefs, which calls for interference by this Court. Under particular Act or law, in the present case Provident Fund Act, if the assessee was entitled to make payment within the grace period and if within that grace period, its employer contributions have been deposited by the assessee, it cannot be said that the assessee has not deposited the amount with the department within the due date as prescribed under the Provident Fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , learned advocate on behalf of the Department relied upon a decision of this Court in the case of Commissioner of Income Tax II vs. Gujarat State Road Transport Corporation rendered in Tax Appeal No. 637 of 2013 and allied matters on 26.12.2013 . 7. Having heard learned advocate appearing on behalf of the Department and learned advocate appearing on behalf of the assessee and the questions posed for consideration before this Court reproduced hereinabove and considering the decision of this Court in the cases of Amoli Organics (P) Ltd. (Supra) and Sayaji Industries Ltd. (supra) , the questions which are raised in the present appeals are required to be answered in favour of the assessee as the facts are akin in these appeals and the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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