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TMI Blog2022 (9) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... directed against the order of ld.Commissioner of Income Tax(Appeals), (NFAC), dated 26.07.2021 emanating out of proceedings under section 143(1) of the Income-tax Act, 1961 (hereinafter also called as "the Act') for the Assessment Year 2018-19. The assessee has raised the following grounds of appeal: 1. The learned CIT(A) erred in not considering the act that amendment made in the first proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Bombay High Court held that the amendment made in the first proviso to the section 43 B vide Finance Act, 2003 regarding allowability of expenditure of payment of contribution by the employer towards employees welfare funds before filing of Income Tax Return u/s 139(1) for that previous year is applicable in case of payment of employer's contribution as well as employees' contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before Your Honour that kindly delete the addition of Rs.7,13,908/- confirmed by the Ld CIT(A). 2. In the present appeal, the question involved is allowability of employees' contribution of ESIC and PF, which was deposited beyond time mentioned in the respective Statutes but before filing income tax return u/s 139(1) of the Act. 3. No one has appeared on behalf of the appellant-assessee. We hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the claim of the assessee, in so far as payment of PF & ESI etc. is concerned, on the finding of fact that the amounts in question were deposited on or before the due date of furnishing of the return of income and taking in consideration judgment of this Court in CIT v. State Bank of Bikaner & Jaipur [2014] 363 ITR 70/43 taxmann.com" Unquote 6. The SLP filed against the said decision has been di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ployers' contribution. Question Nos.2, 3 & 4 are accordingly answered in favour of the assessee and against the revenue. " Unquote. Thus respectfully following the Hon'ble High Courts it is held that the payment of employee's contribution beyond the due date mentioned in the relevant statute but before the due date of filling the return of income u/s 139(1) is allowable expenditure. 8. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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