TMI Blog2003 (8) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... Baroda, for asst. yr. 1994-95. The grounds of the appeal read as under: "On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in (i) in deleting the disallowance of Rs. 76,576 made on account of late payment of ESI and PF. (ii) in deleting the disallowance of interest of Rs. 13,131 on deposits held as unexplained by the AO." 2. The short facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of the case are that the appellant paid these amounts late for the months of December, 1993 to March, 1994, and for the months of May, June, 1993, August, 1993, etc. In view of these facts, the AO disallowed a sum of Rs. 76,576 under s. 36(1)(va) of the IT Act. During the course of appeal, it was argued that there was no delay in depositing the PF and ESI. In this connection, a copy of the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of both the parties. During the course of proceedings, the assessee has submitted the chart which reads as under: PF Month Employee's contribution (Rs.) Employer's contribution (Rs.) Dec., 1993 7,767 8,573 Jan., 1994 7,554 8,330 Feb., 1994 7,397 8,148 March, 1994 -- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f grace period to the employers for payment of provident fund contribution, administrative charges and inspection charges, and this view is also confirmed by the decision in CIT vs. Shri Ganapathy Mills Co. (P) Ltd. (2000) 243 ITR 879 (Mad). In respect of contribution to ESI, the due date is 21st of each succeeding month. Here, in the instant case, the assessee has made the payment before 21st of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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