TMI Blog2019 (10) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... not applicable to the facts and circumstances of the case. - ITA No. 324/Del./2017 - - - Dated:- 25-7-2019 - SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER For The ASSESSEE : Shri Vijay Kumar Jindal, CA For The REVENUE : Ms. Ashima Neb, Senior DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, M/s. Eagle Trans Shipping Logistics (India) Private Ltd. (hereinafter referred to as the assessee ) by filing the present appeal sought to set aside the impugned order dated 16.11.2016 passed by the Commissioner of Income - tax (Appeals)-3, New Delhi qua the assessment year 2013-14 on the grounds inter alia that :- 1. The learned assessing officer as well as CIT(A) has erred in making confirming the addition amounting to ₹ 4,29,110/- u/s 36(i)(va) being employees' contribution to PF ESI on the basis that the amounts have not been deposited within the due dates as specified in the respective Acts. The various courts have confirmed the position of the law that the assessee can get the benefit of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June, 2012 44909/- 20.07.2012 27.08.2012 July, 2012 45912/- 20.08.2012 01.09.2012 August, 2012 46981/- 20.09.2012 24.09.2012 November, 2012 43431/- 20.12.2012 11.01.2013 January, 2013 41132/- 20.02.2013 27.02.2013 February, 2013 39630/- 20.03.2013 26.03.2013 March, 2013 39360/- 20.04.2013 10.05.2013 TOTAL RS. 388 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee, ld. DR for the Revenue relied upon the decision rendered by Hon ble High Court of Gujarat in case of CIT-II vs. Gujarat State Road Transport Corporation in Tax Appeal No.637 of 2013 ors. order dated 26.12.2013 and contended that the appeal is liable to be dismissed. 8. Before proceeding further, we would like to go through the relevant provisions contained u/s 36(1)(va) of the Act which are extracted for ready perusal as under :- 36. (1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28- .. ( va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee's account in the relevant fund or funds on or before the due date. Explanation.-For the purposes of this clause, due date means the date by which the assessee is required as an employer to credit an employee's contribution to the employee's account in the relevant fund un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act read with Section 36(1)( va) of the Act alongside provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (especially Regulation 38 of the Employees' Provident Funds Scheme, 1952) and the provisions of the Employees' State Insurance Act, 1948. The AO had brought to tax amounts which were deducted by the employer/assessee from the salaries and wages payable to its employees, as part of their contributions. It is not in dispute that the employer's right to claim deductions under the main part of Section 43-B of the Act is not an issue. The question the AO had to then decide was whether the amounts deducted from the salaries of the employees which had to be deposited within the stipulated time (in terms of notification/circular dated 19.03.1964 which was modified on 24.10.1973), as far as the EPF contribution went and the period of three weeks as far as the ESI contributions went. The AO made a tabular analysis with respect to the contributions deducted and actually deposited. The cumulative effect of notifications under the Employees' Provident Funds Act, 1952 and the Employees State Insurance Act, 1948 was that in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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