TMI Blog2021 (11) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. - I.T.A. No. 261/Kol/2021 - - - Dated:- 27-10-2021 - Sanjay Garg, Member (J) For the Appellant : Rakesh Jain, AR For the Respondents : Jayanta Khanra, JCIT, Sr. DR ORDER The present appeal has been preferred by the assessee against the order dated 05.07.2021 of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [hereinafter referred to as 'CIT(A)'] passed u/s. 143 of the Income Tax Act (hereinafter referred to as the 'Act'). The assessee in this appeal has taken the following grounds of appeal: 1. That in the facts and circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) erred in confirming the order of Centralized Processing Centre, Bangalore which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of the case, the appellant craves leave to submit further/additional grounds of appeal either before or at the time of hearing of appeal. 2. At the outset, the ld. Counsel for the assessee has submitted that there was a delay in depositing employee's as well as employer's contribution to the Employee's Provident Fund/ESI fund. However, the amount was deposited before the due date of the filing of the return. The ld. Counsel has submitted that this issue is squarely covered by the decision of the Hon'ble Jurisdictional Calcutta High Court in the case of CIT, Kolkata vs. M/s. Vijay Shree Limited 43 taxman.com 396 (Cal) which has been further followed by the Coordinate Calcutta Bench of this Tribunal in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the assessee filed the appeal before the national Faceless Appeal Centre (NFAC), Delhi where the Ld. CIT(A) has taken note of the assessee's submission that no disallowance was warranted in respect of delayed deposit of employees contribution to EPF/ESI fund since the assessee has deposited the employees contribution in respect of both these Acts (EPF ESI Act) before filing the return of income and relied on the various judicial decision including that of the jurisdictional Hon'ble High Court of Calcutta in the case of CIT vs. Vijayshree Ltd. in [2014] 43 taxman.com 396 (Cal). However the Ld. CIT(A) did not accept the contentions of the assessee in this regard and by relying on the Explanation-5 below section 43B which was bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Section 2(24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol. 390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in the aforesaid case has held that the amendment to the second proviso to the Sec. 43(B) of the Income Tax Act, as introduced by Finance Act, 2003, was curat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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