9911796707
TMI Blog2016 (4) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... t Saurav, Adv For the Respondent : Mrs. Archana Sinha, Sr. SC, IT, Mr. Alok Kumar and Ms. Shalini Bihari JUDGMENT Heard learned counsel for the appellant and learned counsel for the respondent-Revenue. The assessee-appellant, being a Public Sector Undertaking of the Government of Bihar, had filed a return of income declaring total income of Rs. 51,23,740/- on 01.11.2004 for the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,04,053/-, the dues of the other months, the Tribunal agreed with the orders of the Assessing Officer and the Commissioner of Income Tax (Appeals) holding that the said delayed payment of employees' contribution to ESI and EPF aggregating to Rs. 7,04,053/- has rightly been treated as income of the assessee under Section 2(24(x) of the Act. Accordingly, the addition/disallowance was restricted to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited which reiterated the earlier decision of the Apex Court in the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd: (2009) 319 ITR 306 (SC). In Alom Extrusions case (supra) the Apex Court in the relevant part of para-16, has held as follows:- "16. We find no merit in these civil appeals filed by the Department for the following reasons: firstly, as stated above, section 43B (main se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or fee by explicitly stating that if such tax, duty, cess or fee is paid before the date of filing of the return under the Income-tax Act ( due date), the assessee(s) then would be entitled to deduction. However, this relaxation/incentive was restricted only to tax, duty, cess and fee. It did not apply to contributions to labour welfare funds. The reason appears to be that the employer(s) should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .............." In view of the aforesaid proposition laid down by the Supreme Court, the admitted position being that the aforesaid amounts were credited after the due dates of payment under the relevant Acts but much before the date of filing of the return under the Income Tax Act, the assessee would clearly be entitled to the deletion of the addition. The substantial question of law is, accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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