TMI Blog2017 (11) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) TMI 1241 - ITAT BANGALORE] wherein the Tribunal held that if there any sum received by the assessee from any of its employees as contribution to PF and/or ESI was not credited by the assessee to employees’ accounts in the relevant fund or funds on or before the due date as per Explanation to sec. 36(1)(va) of the I.T. Act, the assessee shall not be entitled to deduction thereof. Accordingly, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons that the employees contribution to ESI PF deposited after the statutory period but before filing of returns u/s 139(1) of the IT Act is not entitled to deduction u/s 36(1)(va) of the IT Act? 2. Whether the appellate Tribunal is justified in relying on the decision of this Hon'ble Court in CIT v. Merchem Ltd. (2015) 61 Taxmann.com 119 (Ker) without following the ratio of the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of dis-allowance following the order passed by the Tribunal in ITA No.454/2014. In the appeal, the Tribunal has decided the cases against the assessee, following the judgments of this Court in CIT v. South India Corporation (2015) 58 taxmann.com 208 (Kerala) and CIT v. Merchem Ltd. (2015) 61 taxmann.com 119 (Kerala). 4. In the light of the above, since the law is thus settled, we are not p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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