TMI Blog2023 (9) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... paper book. When the deduction otherwise available to the assessee on account of deposit of employees contribution of ESIC the same is liable to be allowed as there is no estoppel against the statute. In these circumstances, we partly set aside the impugned order passed by the Ld. CIT(A) to the extent of amount of Rs. 19,09,265/- deposited by the assessee on account of employees contribution of ESIC well before the due date prescribed under the relevant Act being not sustainable in the eyes of law. The remaining amount has been rightly disallowed by the AO/Ld. CIT(A) on account of late deposit of employees contribution of PF beyond the due date prescribed under the Act in accordance with the law laid down by the Hon ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the submission made by the Appellant nor granting a hearing before passing the Appellate order. 2. Briefly stated facts necessary for consideration and adjudication of the issues at hand are : the assessee is a private limited company engaged in the business of providing micro loans for micro business to its customers. During the year under consideration the return of income filed by the assessee declaring gross total income of Rs. 61,53,883/- was processed under section 143(1) of the Income Tax Act, 1961 (for short the Act ) by the Central Processing Centre (CPC) [Assessing Officer (AO)], Bangalore at the gross total income of Rs. 82,63,913/- by making addition of Rs. 21,05,703/- on account of disallowing the deduction claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Ld. CIT(A) contended that all the payments by the assessee company on account of employees contribution of PF ESIC have been made within the period prescribed under the relevant Act, but on account of mistake committed by the tax auditor the same have been shown to be made after the date prescribed under the Act and now placed on record correct audit report available at page 37 of the paper book and further contended that the same is allowable contribution under the Act. 7. However, on the other hand, the Ld. D.R. for the Revenue by relying upon the order passed by the Ld. CIT(A) contended that when the assessment has been framed as per tax audit report filed by the assessee there is no error on the part of lower revenue authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 Provident Fund 801737 15/07/2017 801737 07/07/2017 4 Provident Fund 816631 15/08/2017 816629 14/08/2017 5 Provident Fund 850169 15/09/2017 850169 11/09/2017 6 Provident Fund 907713 15/10/2017 902991 13/10/2017 7 Provident Fund 1004567 15/11/2017 992979 14/11/2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 143248 17/08/2017 17 Any Fund set up under the provisions of ESI Act, 1948 151233 21/09/2017 151229 17/09/2017 18 Any Fund set up under the provisions of ESI Act, 1948 161843 21/10/2017 161843 17/10/2017 19 Any Fund set up under the provisions of ESI Act, 1948 167669 21/11/2017 167659 17/11/2017 20 Any Fund set up under the provisions of ESI A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es contribution of ESIC the same is liable to be allowed as there is no estoppel against the statute. In these circumstances, we partly set aside the impugned order passed by the Ld. CIT(A) to the extent of amount of Rs. 19,09,265/- deposited by the assessee on account of employees contribution of ESIC well before the due date prescribed under the relevant Act being not sustainable in the eyes of law. The remaining amount of Rs. 1,96,438/- has been rightly disallowed by the AO/Ld. CIT(A) on account of late deposit of employees contribution of PF beyond the due date prescribed under the Act in accordance with the law laid down by the Hon ble Supreme Court in case of Checkmate Services Pvt. Ltd. (supra). 11. So the AO shall allow the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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