TMI Blog2017 (5) TMI 1704X X X X Extracts X X X X X X X X Extracts X X X X ..... e due date of filing of return are required to be allowed. The Hon ble Karnataka High Court followed its earlier decision in the case of CIT vs Sabari Enterpirses [ 2007 (7) TMI 169 - KARNATAKA HIGH COURT ] where the Divisional Bench of the Karnataka High Court after extracting Section 2(24)(x), Sec. 36(1)(viia) and Sec. 43B(b) of the IT Act, held that the contributions rendered by Assessee t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Shri V. Siva Kumar Revenue by : Smt. Suman Malik ORDER B. Ramakotaiah, This is an appeal filed by Assessee against the order of CIT-1, Hyderabad dated 03-11-2016, on the issue of disallowance of expenditure pertaining to payment of ESI and EPF to an extent of ₹ 2,35,92,596/-. 2. Briefly stated, Assessee carries on business in the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l before the due date before furnishing the return of income for the relevant year. Assessee has relied on various case law which were relied on before Ld. CIT(A) as under: 1. CIT vs Kicha Sugar Co., Ltd., 2013) 35 Taxmann.com 54 Uttarakhand High Court. 2. CIT vs AIMIL Ltd., (2010) 321 ITR 508 (Delhi High Court). 3. CIT, Shimla Vs Nipso Polyfabriks Ltd., (2013) 30 Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome u/s 139(1) of the IT Act, therefore, the deduction should be allowed. 4. In reply Ld. DR fairly admitted that as seen from the A.O s order all the amounts were paid much before the due date of filing the return, however, she relied on the orders of A.O and CIT(A) to submit that amounts which are not paid within due dates of relevant Act will become income as per the provisions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lated period as contemplated under the mandatory provisions of Sec. 36(1)(viia) r.w.s 2(24)(x) of the IT Act and Sec 43B of the IT Act. The Hon ble Supreme Court in the case of CIT vs ALOM Extrusions Ltd. [2009] 319 ITR 306/185 Taxman 416 has dismissed the Revenue appeals and accordingly those orders have become final. Respectfully following the same, since the amounts were paid much before the du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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