TMI Blog2022 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of the Act, which was the subject matter of the order u/s. 263 of the Act, clearly mentions this decision and in respect of the employees' contribution to PF and ESI. Further, as rightly pointed out by the Ld. AR, there are catena of decisions in favour and against the assessee. In respect of the issue the Hon'ble jurisdictional High Court of Kerala [ 2019 (7) TMI 1092 - KERALA HIGH COUR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT-DR appeared on behalf of Revenue. 3. It was the submission by the Ld. AR that the issue raised by the Ld. Pr. CIT was in respect of the employees PF and ESI contribution, not paid within the due date prescribed under the relevant statutes, but paid before the due date of filing of the return under the Income Tax Act. It was the submission that the issue was the subject matter of assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her submission and the fact that there are multiple decisions both against and in favour of assessee on this issue, shows that the issue is debatable issue on which also revision u/s. 263 of the Act does not lie. In fact in respect of Hon'ble Jurisdictional High Court of Kerala in the case of Kerala State Warehousing Corporation has decided the issue in favour of assessee. This was in the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontribution has not been made within the time prescribed under the relevant PF and ESI statutes. It was the submission that the assessee has made undue profit by keeping the said funds. It was the prayer that the order u/s. 263 of the Act is to be upheld. 5. We have considered the rival submissions. A perusal of the assessment order passed u/s. 143(3) r.w.s. 147 of the Act, which was the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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