9911796707
TMI Blog2021 (6) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... t basis. Assessee electronically filed its return of income for A.Y. 2018-19 on 30.09.2018 declaring total income of Rs. 26,02,839/-. The return of income was processed by Centralized Processing Center (CPC) u/s 143(1) of the Act by order dated 16.10.2019 determining the total income at Rs. 29,05,303/- by inter alia making addition of Rs. 3,02,464/- on account of alleged late payment of Employees' contribution towards EPF/ESI by invoking the provision of Section 36(1)(va) of the Act. Aggrieved by the order of CPC, assessee carried the matter before the CIT(A). Before the CIT(A), it was inter alia submitted that though there was delay in the deposit of contribution received from employees' but the same were deposited in the respective funds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ESI Fund would qualify for deduction even if paid after due date prescribed under Provident Fund Act and ESI Act but before due date of filing of return in view of section 43B of the Income Tax Act. 4. On the facts and circumstances of the case, learned CIT(A) has erred both on facts and in law in confirming the addition ignoring the various judicial pronouncements brought on record by the assessee in this regard. 5. That the appellant craves leave to add, amend or alter any of the grounds of appeal." 4. Before us, at the outset, Learned AR submitted that though the assessee has raised several grounds but the sole controversy which is to be decided is with respect to addition of Rs. 3,02,464/- on account of late deposit of employees' c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CIT(A) be deleted. 5. Learned DR on the other hand supported the order of CIT(A). 6. We have heard the rival submissions and perused the materials available on record. The issue in the present ground is with respect to disallowance of delayed deposit of contribution received by the employees' towards provident funds and ESI fund. It is an undisputed fact that there has been delay in the actual deposit of payment to the appropriate authority but at the same time it was also a fact that all the contributions received by the assessee from its employees have been deposited before the due date of filing of return of income. We further find that identical issue arose in the case of Dee Development Engineers Ltd. (supra) wherein the Co- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the judgment which is in favour of the assessee shall apply as held in case of Vegetable Products Ltd. 82 ITR 192 by the Hon'ble Supreme Court. Hence, in light of the latest decision in case of Pro Interactive Service (India) Pvt. Ltd., the issue is covered in favour of the assessee. Hence, Ground No. 1 is dismissed." 7. Before us, Revenue has not pointed to any distinguishing feature in the facts of the case of Dee Development Engineers Ltd. (supra) and that of the assessee and further no material has been placed before us to demonstrate that the decision rendered by the Co-ordinate Bench of Tribunal in the case of Dee Development Engineers Ltd. (supra) has been stayed/ set aside/ overruled by higher judicial forum. We therefore, relyi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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