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TMI Blog2019 (6) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... cture/production of tea, rubber etc. The issues in the appeals relate to assessment of income tax for the assessment years 2007-08 to 2010-11. 3. The substantial questions of law for consideration in these appeals are the following: (i) Whether the delayed payments made to Employees' Provident Fund, Labour Welfare Fund and Employees' State Insurance is allowable as deduction under Section 36(1)(va) of the Income Tax Act, 1961 (for brevity "the Act")? (ii) Whether licence fee paid to RPG Enterprises Limited is allowable as a deduction under Section 37 of the Act? (iii) Whether the consideration obtained on sale of old and unyielding rubber trees is exigible to tax in the light of Rules 7 and 7A of the Income Tax Rules? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny and is treated as income under section 2(24). On remittance of this contribution, within the due date, it is allowed as a deduction under Section 36. If it is not paid to the welfare fund within the due date provided under the relevant statute, it remains as an income in the books of account of the assessee/employer-company.The said contribution having not been paid to the applicable welfare fund within the due date provided, the assessee for all time is deprived of claiming such a remittance, made subsequently, as deduction from the income." 7. In the light of the aforesaid dictum laid down by the Division Bench of this Court in Popular Vehicles and Services (supra), we hold that, in order to claim the benefit of deduction under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia (Taxes) has fairly conceded that these questions are covered by the decision of the Division Bench of this Court in Commissioner of Income Tax v. Harrisons Malayalam Limited (Judgment dated 06.12.2018 in ITA No.238/2012), against the revenue. Hence, these substantial questions of law are answered against the revenue. 11. Consequently, the appeals are partly allowed. The impugned order of the Income Tax Appellate Tribunal in ITA Nos.456/Coch/2014 to 459/Coch/2014 to the extent of answering the issue regarding delayed payment of employees's contribution to Employees' Provident Fund, Labour Welfare Fund and Employees' State Insurance in favour of the assessee is set aside. The direction made by the Tribunal remitting the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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