2017 (1) TMI 42

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..... he orders of lower authorities and delete the disallowance of employees contribution to PF and ESI. See COMMISSIONER OF INCOME TAX, CIRCLE-I, KOLKATA Versus M/s. VIJAY SHREE LIMITED [2011 (9) TMI 30 - CALCUTTA HIGH COURT] and Essae Teraoka (P) Ltd.vs DCIT [2014 (3) TMI 386 - KARNATAKA HIGH COURT ]- Decided in favour of assessee. - ITA No. 346/CTK/2016 - - - Dated:- 30-11-2016 - Shri N. S. Sain .....

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..... the instant case, the Assessing Officer found that the assessee had not remitted the employees contributions towards EPF and ESI totalling ₹ 4,02,695/- within the due date as specified in the respective statutes. Accordingly, he disallowed the same u/s.36(1)(va) r.w.s 2(24)(x) of the Act. 5. On appeal, ld CIT(A) confirmed the action of the Assessing Officer relying on the decision of Hon .....

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..... va) and deduction is available for employees contribution u/s.43B of the Act To same effect is the decision of Hon ble Uttarakhand High Court in the case of CIT vs.Kichha Sugar Company Ltd . (2013) 356 ITR 351 (Uttarakhand HC) order dated 20.5.2013. To the same effect is also the decision of Hon ble Rajasthan High court in the case of CIT vs. Udaipur Dugdh Utpadak Sahakari Sangh Ltd (2013) 35 taxm .....

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..... lowable as deduction if paid before due date of filing the return of income. The Hon ble Bombay High Court in the case of CIT Vs. Ghatge Patil Transports Ltd. in IT Appeal Nos.1002 1034 of 2012, vide order dated 14.10.2014 has held that employees contribution to PF and ESI is allowable if the same is deposited before the due date of filing of return of income u/s.2(24)(x) r.w.s. 36(1)(va) and 43 .....

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..... s referred above (supra), I hold that employees contribution to PF and ESI is allowable deduction to the assessee if deposited before due date of filing of return u/s.139(1)of the Act. 8. In the instant case, it is not in dispute that the contribution to PF and ESI was deposited by the assessee before due date of filing the return of income u/s.139(1) of the Act. Therefore, I set aside the orde .....

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