TMI Blog2019 (7) TMI 1635X X X X Extracts X X X X X X X X Extracts X X X X ..... RT] is by a single judge, however a contrary view was taken by the Division Bench of Hon ble Jurisdictional High Court in the case of Industrial Security Intelligence India Pvt Ltd. [ 2015 (7) TMI 1063 - MADRAS HIGH COURT]wherein held assessee had remitted the employees contribution beyond the due date for payment, but within the due date for filing the return of income - Decided against revenue. - I.T.A. No.3263/CHNY/2018 - - - Dated:- 23-7-2019 - Shri George Mathan, Judicial Member And Shri Inturi Rama Rao, Accountant Member Appellant by: Shri. R. Vijayaraghavan, Adv Respondent by: Shri. R. Clement Ramesh Kumar, Addl. CIT. ORDER Inturi Rama Rao, This is an appeal filed by the Revenue directed agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f income, the assessment was completed by the Deputy Commissioner of Income Tax, Corporate Circle- 6(2), Chennai, (hereinafter referred as AO') vide order dated 31.03.2016 passed u/s.143(3) of the Income Tax Act, 1961 (in short the Act ) at total loss of ₹ 5,86,66,863/-. While doing so, the ld. Assessing Officer made an addition of ₹ 72,77,266/- u/s.36(1)(va) r.w.s. 2(24)(x) of the Act on account of belated remittance of employees contribution towards Employees Provident Fund (PF) and Employees State Insurance (ESI) which are not made within the stipulated period under the provisions of respective statute. Aggrieved, the assessee preferred an appeal before the ld.CIT(A), who vide impugned order deleted the addition. Bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act is entitled to deduction or not. In the present case, admittedly the contribution received from employees for PF and ESI are not credited by the respondent to the employee s account within due date stipulated under the relevant statute, but before the due date of filing of return. We find that the decision of the Hon ble Madras High Court in the case of Unific Management Services (India) Ltd. Vs. DCIT (supra) is by a single judge, however a contrary view was taken by the Division Bench of Hon ble Jurisdictional High Court in the case of Industrial Security Intelligence India Pvt Ltd. (supra) wherein the Division Bench held as follows:- 5. We find that the Tribunal has righty relied on the decision of the Supreme Court in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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