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TMI Blog2018 (6) TMI 1623X X X X Extracts X X X X X X X X Extracts X X X X ..... COURT] wherein it is categorically held that in the case of delayed deposit of employees contribution to PF, the same will not be deductable in computing income under section 28 of the Act. The law so laid down by the Hon ble jurisdictional High Court is binding on us. The mere fact that an appeal against the said decision is pending before the Hon ble Supreme Court does not dilute binding nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -appellant has challenged correctness of the order dated 31st July, 2017 passed by the by the CIT(A)-1, Ahmedabad in the matter of assessment under section 143(3) of the Income-tax Act, 1961, for the assessment year 2014-15. 2. The solitary grievance of the assessee is that the learned CIT(A) has erred in confirming the addition of ₹ 37,53,060/-, which was added by the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Court does not dilute binding nature of this judicial precedent. As regard dismissal of SLP in the case of Rajasthan State Beverages Corporation Ltd, (2017) 84 taxmann.com 185 (SC), it is only elementary that when a SLP is dismissed by a non-speaking order, it does not constitute a law declared by Hon ble Supreme court, and as such, it is not binding under Article 141 of the Constitution of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Assessee's latter substantive ground challenges correctness of both the lower authorities' action disallowing/adding a sum of ₹ 3,85,810/- u/s. 36(1)(va) r.w.s. 2(24) of the Act on account late payment of employees' contribution to PF ESI in question. There is no dispute that hon'ble jurisdictional high court's decision in CIT vs. Gujarat State Road Transport Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowance as well. 4. In effect thus while any delayed deposit of PF/ESI is to be disallowed, in terms of Hon ble Gujarat High Court s judgment in the case of Gujarat State Road Transport Corporation (supra), the question as to whether there is a delay or not may be decided by the Assessing Officer in the light of above observations by the coordinate bench. The assessee will get relie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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