TMI Blog2014 (10) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... ve retrospectively and thus with effect from 1.4.1988 i.e. the date of insertion of first proviso. The co-ordinate Bench of this Tribunal considering a similar issue in the case of M/s. Venkateswara Electrical Industries P.Ltd. Vs. DCIT [ 2014 (8) TMI 960 - ITAT CHENNAI] following the decision of Amil Ltd. [ 2014 (8) TMI 960 - ITAT CHENNAI] held that even the employees contribution to provident fund is to be allowed as deduction if it is paid within due date for filing of return - Decided in favour of assessee. - I.T.A. Nos. 2048 & 2049/Mds/2014 - - - Dated:- 31-10-2014 - Shri A. Mohan Alankamony Accountant Member And Shri Challa Nagendra Prasad, Judicial Member For the Appellant : Mr. A.S. Sriraman, Advocate. For the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITR 508) vii) CIT Vs. Solar Exports (210 Taxman 520) viii) CIT Vs. Udaipur Dugdh Utpadak Sahakari Sangh Ltd. ( 265 CTR (Raj) 59) ix) Essae Teraoka P.Ltd. Vs. DCIT (100 DTR 134) 3. Counsel also places reliance on the co-ordinate Bench decision in the case of M/s. Venkateswara Electrical Industries P.Ltd. Vs. DCIT in ITA No.1344, 1345 1636/Mds/2014 dated 28.08.2014, a copy of the order is placed on record. 4. Departmental Representative supports the orders of lower authorities in disallowing employees provident fund ESI contributions paid beyond due date but before the due date for filing of return applying the provisions of section 43B of the Act. 5. Heard both sides. Perused orders of lower authorities and the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Fund in both the AYs i.e., 2008-09 2009-10. It is equally un-disputed that the assessee has deposited the amount towards employees contribution of ESI and Provident Fund before the due date of filing of return. The Hon'ble Delhi High Court in the case of Cil' Vs. Amil Ltd., reported as 321 ITR . 508 has held that if the assessee had deposited employees contribution towards Provident Fund and ESI after due date as prescribed under the relevant Act but before the due date of filing of return under the Income Tax Act, no dis-allowance could be made in view of the provisions of section 438 as amended by the Finance Act, 2003. The decision of the Hon'ble Delhi High Court has been followed by the coordinate bench of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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