TMI Blog2022 (8) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... d the jurisdictional High Court judgment and confirmed the addition. Taking into note of the Press release passed by Ministry of Labour Employment dated 12/01/2016 wherein the concession of grace period of 5 days available to the employers for depositing the contribution and other dues, we deem it fit that the matter may be remitted back to the file of the Assessing Officer for the limited purpose of verifying the payments made by the assessee. With this observation, the appeal filed by the Assessee is allowed. - ITA No. 400/Ahd/2020 - - - Dated:- 27-7-2022 - Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Appellant by : Shri Vimal Desai, A.R. Respondent by : Shri V.K. Singh, Sr.D.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om Employees and remitted beyond the due date prescribed under the relevant Act which is not allowable u/s. 36(1v) r.w.s. 2(24)(x) of the Act. 3. Aggrieved against the same, the assessee filed an appeal before the ld. CIT(A), Gandhinagar. The ld. CIT(A) following the jurisdictional High Court judgment in the case of Gujarat State Road Transport Corporation (366 ITR 170) uphold the addition made by the Assessing Officer and thereby dismissed the appeal filed by the assessee. 4. Aggrieved against the same, the assessee is before us raising the following Grounds of Appeal: 1. The order passed by the learned CIT(A) is erroneous and contrary to the provisions of law and facts and therefore requires to be suitably modified. It is submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Accordingly, it is submitted that, if at all the disallowance is upheld, the amount suo-moto disallowed by the appellant of Rs. 14,30,590 should be reduced from the total disallowance. It is submitted that it be so held now. 2.2 The learned AO erred in disallowing Rs. 53,23,752 u/s. 36(1)(va) without mentioning as to how he has arrived at such figure and ignoring the fact that an amount of Rs. 14,30,590 towards the same is already disallowed by the appellant, while filing return of income. The learned CIT(A) erred in confirming such disallowance. It is submitted that it be so held now. 5. At the time of hearing, the Ld. Counsel Mr. Vimal Desai pleaded that there is Press release dated 12/01/2016 by Ministry of Labour Employme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and dues of the employees at the end of Employers. The remittances of the dues in the bank also required additional time in the manual setup. Recent technological advancement, have empowered employers to compute the wages and liabilities through aid of computers. Facility now exists to file Electronic Challan-cum-Return (ECR) and remittance of dues through Internet Banking. This has substantially reduced the process and time taken in calculation of PF dues and its remittances in the bank. The concession of 5 days has outlived its basic purpose and utility. Accordingly, the concession of grace period of 5 days available to the employers for depositing the contribution other dues is withdrawn. This shall apply from February, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e materials available on record. As it can be seen from the assessment order passed by the A.O., there is no discussion about why the disallowance of late payment of EFP by the Assessing Officer but simply disallowed relying upon Column 20(b) of the Audit Report field by the assessee. Similarly, the ld. CIT(A) has not given proper opportunity of explaining the assessee's case but simply followed the jurisdictional High Court judgment and confirmed the addition. Taking into note of the Press release passed by Ministry of Labour Employment dated 12/01/2016 wherein the concession of grace period of 5 days available to the employers for depositing the contribution and other dues, we deem it fit that the matter may be remitted back to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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