TMI Blog2018 (1) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... t is categorically held that in the case of delayed deposit of employees contribution to PF, the same will not be deductable in computing income under section 28 of the Act.The law so laid down by the Hon’ble jurisdictional High Court is binding on us. The mere fact that an appeal against the said decision is pending before the Hon’ble Supreme Court does not dilute binding nature of this judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 1,87,869/- being bad in law and contrary to facts deserves to be deleted. 2. When this appeal was called out for hearing, our attention was invited to the written submission filed by the assessee in support of the aforesaid grievance. This written submission reads as follows:- The appeal is filed by the appellant against disallowance of ₹ 1,87,869/- made by the Ld. AO on acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Hon ble Supreme Court in Pr. CIT vs. Rajasthan State Beverages Corporation Ltd. (2017) 84 taxmann.com 185 (SC). The appellant further relies upon the orders of various other Courts / tribunals which have held in favour of the assessee and few of which are cited as below: DCIT vs. Eastern Power Distribution Company of AP Ltd. 73 taxmann.com 206 (Vizag) Dialogic Network ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 70 (Guj.), wherein it is categorically held that in the case of delayed deposit of employees contribution to PF, the same will not be deductable in computing income under section 28 of the Act. The law so laid down by the Hon ble jurisdictional High Court is binding on us. The mere fact that an appeal against the said decision is pending before the Hon ble Supreme Court does not dilute binding nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over the views expressed by the Hon ble jurisdictional High Court, which are against the assessee. We, therefore, see no legally sustainable merit in the submissions of the assessee and, respectfully following the judgment of Hon ble jurisdictional High Court in the case of Gujarat State Road Transport Corporation (supra), dismiss the grievance of the assessee. 4. In the result, appeal of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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