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TMI Blog2018 (1) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : This is an appeal by the assessee against the order of the Commissioner of Income Tax(Appeals)-2, Ahmedabad, dated 12/06/2015 for the Assessment Year (AY) 2012-13, on the following Grounds: i. The learned CIT(A) has erred law and on facts in confirming an addition of ₹ 1,75,742/- being payment of contribution of Employees for P.F. on the ground that the same have been paid late. It is submitted that the learned CIT(A) has erred in incorrectly invoking provisions of Section 36(1) (va) and has wrongly interpreted provisions of Section 43B of the I.T. Act. It is submitted that on facts and circumstances of the case there is no justification both on facts and on law for such disallowa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December 20,856/- 20/01/2011 27/01/2012 January, 2012 20,856/- 20/02/2011 02/03/2012 February, 2012 20,856/- 20/03/2011 23/03/2012 March, 2012 20,856/- 20/04/2011 02/05/2012 Total 1,75,742/- This was brought to be notice of the learned AR during the hearing before the AO and he has asked to show-cause and added to the total income. In this connection explanation have been submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ELD deciding in favour of the assessee in case of CIT vs. Vinay Cement Lgtd, 213 CTR 268 (SC) besides decisions in CIT Vs. Dharmendra Sharma, 297 ITR 320 (Del), CIT vs. P M Electronics Ltd., 313 ITR 161 (Delhi).' However employer's contribution (not employee's contribution) towards such fund is allowed as deduction subject to section 43B i.e. such contribution is paid on or before the due date of furnishing return - Section 36(1)(va) of the Income Tax Act, 1961 - Employee's contribution - Assessment Year 2002-03 - Whether employees' contribution towards provident fund and ESI would quality for Deduction even if paid after due date prescribed under Provident Fund Act / ESI Act but before due date of filing of return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 139(1) Held, yes Assessee state transport corporation collected a sum being provident fund contribution from its employees However, it had deposited lesser sum in provident fund account Assessing Officer disallowed same under section 43B However, commissioner (Appeals) deleted disallowance on ground that employees contribution was deposited before filing return Whether since assessee had not deposited said contribution in respective fund account on date as prescribed in Explanation to section 36(1)(va), disallowance made by Assessing Officer was just and proper Held, yes [Para 8] [In favour of revenue] 6. Respectfully following the judgment of the Jurisdictional High Court the disallowance made by the AO is up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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