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2017 (1) TMI 42 - ITAT CUTTACK

2017 (1) TMI 42 - ITAT CUTTACK - TMI - Disallowance of employees contribution to PF and ESI - amounts not deposited before the due date - Held that:- It is not in dispute that the contribution to PF and ESI was deposited by the assessee before due date of filing the return of income u/s.139(1) of the Act. Therefore, set aside the orders of lower authorities and delete the disallowance of employees contribution to PF and ESI. See COMMISSIONER OF INCOME TAX, CIRCLE-I, KOLKATA Versus M/s. VIJAY SHR .....

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hat the ld CIT(A) erred in confirming the disallowance of employees contribution to PF and ESI amounting to ₹ 4,02,695/- in view of the fact that the said amounts were not deposited before the due date under the respective Act. 3. Ld A.R. of the assessee has filed an adjournment petition, which was rejected on the ground that the reason for seeking adjournment was not plausible. 4. I have heard ld D.R. and perused the orders of lower authorities and materials available on record. In the in .....

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2013). 6. After hearing ld D.R., I find that the Hon ble Karnataka High Court in the case of Essae Teraoka (P) Ltd.vs DCIT, (2014) 366 ITR 408 vide judgment dated 4.2.2014 held that the word contribution would mean in EPF and ESI Act refers to both employees and employers contribution to PF and, therefore, no disallowance is to be made under section 43B. Therefore, deduction is also available to employee s contribution to PF U/S.43B of the Act. Further, the Hon ble Rajasthan High Court in the ca .....

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gh court in the case of CIT vs. Udaipur Dugdh Utpadak Sahakari Sangh Ltd (2013) 35 taxmann.com 616 (Raj). The contrary view is that of Hon ble Gujarat High Court in the case of CIT vs Gujarat State Road Transport Corpn. (2014) 366 ITR 170 (Guj) order dated 26.12.2013, wherein, it was held that 43B does not apply to employees contribution and only section 2(24)(x) read with section 36(1)(va) is applicable, which is relied upon by ld CIT(A) in his order for confirming the disallowance. Therefore, .....

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