TMI Blog2021 (6) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... - SUPREME COURT] is applicable to both the employer as well as employee's contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees before the due date of filing of return of income u/s. 139(1) of the Act, then the same has to be disallowed and brought to tax. With these directions, the appeal of the assessee is allowed and the AO is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of new system of e-assessment proceedings and corona pandemic period. It was thus prayed for condonation of delay. The learned counsel for assessee reiterated submissions made in the application. Having gone through the rival contentions, I am convinced that there is no delay in filing of the appeal before the tribunal in view of the directions of the Hon'ble Supreme Court of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The order of CIT(A)-3 dated 31.7.2020 is contrary to law and facts. 2 The CIT(A) erred in confirming the disallowance of ₹ 5,63,420/- made u/s. 36(1)(va) r.ws. 2(24)(x) of the Act. 3. The CIT(A) ought not to have confirmed the same considering the fact that the contributions for the months April to May, 2017 were paid with marginal delay and contributions for Dec. 2017 to Feb. 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while the decisions of three High Courts are against the assessee In some of the other High Courts, the issue has been decided both against the assessee as well as in favour of the assessee and therefore, this is a debatable issue at present The Hon'ble Supreme Court in the case of CIT vs. M/s. Vegetable Products Ltd reported in 88 ITR 192 (SC) has held that if there are two views possible on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directions, the appeal of the assessee is allowed and the AO is further directed to reconsider the issue, if the contrary view is upheld by the Apex Court in the appeals before the Hon'ble Supreme Court on this issue. 3. Respectfully following the same, assessee's appeal is treated as allowed for statistical purposes. Order pronounced in Open Court on 19/05/2021. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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