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TMI Blog2015 (8) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... RAWAT, JUDICIAL MEMBER : This is an appeal filed by the Revenue arising from an order of learned CIT(A)-I, Baroda, dated 26.11.2012. 2. Ground no.1 is reproduced below: "On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in deleting the addition u/s.36(1)(va) of Rs. 3,14,12,313/- on account of disallowance of employees contribution towards PF and ESIC and provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced by the AO. However, according to him, the assessee had received a contribution of Rs. 3,14,12,313/- towards PF and ESIC from the employees but failed to deposit the same on "due date" as prescribed. The assessee has submitted few case laws for the legal proposition that the payment was made as per the amended provisions of the Act, however, the AO was not convinced and held that the same wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case and in law, the ld. CIT(A) erred in deleting the addition of Rs. 19,39,017/- by holding that Section 40(a)(ia) of the Act can be invoked only to disallow expenditure of the nature which is shown as "payable" as on the date of the balance sheet and it cannot be invoked if amount is not outstanding even if payment has been paid without deduction of tax." 6. The observation of the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that if the payment is made before the due date of filing of the return and the TDS deducted has duly been paid within that period then the same is allowable as an expenditure. In view of these orders, we hereby hold that although the decision of Merliyn Shipping (supra) was followed by learned CIT(A) is no more a good law but otherwise the issue now stood covered in favour of the assessee as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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