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TMI Blog2018 (9) TMI 1999X X X X Extracts X X X X X X X X Extracts X X X X ..... me within the due date of filing of the return of income. There is no dispute about the above said contention. As perused the ratio laid down in the case of CIT vs. Industrial Security Intelligence India Pvt. Ltd. [ 2015 (7) TMI 1063 - MADRAS HIGH COURT] wherein, it was held that there could be no deemed addition u/s.36(1)(va) r.w.s.2(24)(x) of the Act if the impound amount paid before the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the business of manufacturing automobile components. The assessment u/s.143(3) has been completed after making disallowance u/s.36(1)(va) to the extent of ₹ 73,58,854/-. During the course of assessment proceedings, the AO has noticed that the contribution to PF ESI collected from the employee s had been remitted belatedly. The AO treated the delayed payments representing employee s cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eversed. On the other hand, the Counsel for the assessee submitted that the Ld. CIT(A) had followed the decision of the Hon ble Jurisdictional High Court in the case of CIT vs. Industrial Security Intelligence India Pvt. Ltd. in TCA No.585 586 of 2016 MP No.1 of 2015 dated 24.07.2015. He further submitted that the Ld. CIT(A) held that the assessee is eligible to claim u/s.36(1)(va) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re could be no deemed addition u/s.36(1)(va) r.w.s.2(24)(x) of the Act if the impound amount paid before the due date of the filing of the return. This Tribunal has also followed the above decision of the Hon ble Jurisdictional High Court in deciding the similar issue in various cases. In view of the above we sustained the orders passed by the Ld. CIT(A) deleting the addition and thus the ground r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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