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TMI Blog2021 (7) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... n in this appeal. The legislative intent was/is to ensure that the amount paid is allowed as an expenditure only when payment is actually made. We do not think that the legislative intent and objective is to treat belated payment of Employee's Provident Fund (EPD) and Employee's State Insurance Scheme (ESI) as deemed income of the employer under section 2(23)(x) of the Act.- Decided in favour of assessee. - ITA No. 1892/Del/2020 - - - Dated:- 30-6-2021 - Kul Bharat, Member (J) For the Appellant : Raj Kumar Gupta, CA For the Respondents : R.K. Gupta, Sr. DR ORDER Kul Bharat, Member (J) This appeal filed by the assessee for the assessment year 2018-19 is directed against the order of learned CIT(A)-10, New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribution. He submitted that the issue is squarely covered by the latest judgment of Hon'ble Delhi High Court rendered in the case of PCIT vs. Pro Interactive Service (India) Pvt. Ltd. in ITA No. 983/2018 [Del.] order dated 10.09.2018. Further he contended that the judgment of Hon'ble Delhi High Court in the case of CIT vs. Bharat Hotels Ltd. [2019] 103 Taxmann.com 295 (Delhi), can not be applied on the facts of the present case. Subsequently, the Hon'ble High Court considering the judgment of the Hon'ble Delhi High Court in the case of the CIT vs. AIMIL Ltd. [2010] 321 ITR 508 (Del.) has decided the issue in favour of the assessee. 3. In the contrary, Ld. DR opposed the submissions of the Ld. Counsel for the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court in the case CIT vs. Vinay Cement Ltd. and Pro CIT, Jaipur-2 vs. Rajasthan Estate Beverage Corporation Ltd. (2017) 84 taxmann.com 185 (SC) in which the SLP filed by the department was dismissed. In this connection, it is pertinent to mention here that recently Hon'ble Apex Court has given a landmark decision observing that the dismissal of a SLP in limine simply implies that the case before this court was not considered worthy of examination for a reason, which may be other than the merits of the case. Reliance in this regard is placed on the decision of Hon'ble Apex Court dated 01/03/2019 in civil Appeal No. 2432 of 2019 in the case Khoday Distilleries Ltd. (Now Known as Khoday India Limited) and others vs. Shri Mahade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law arises for consideration in this appeal. The legislative intent was/is to ensure that the amount paid is allowed as an expenditure only when payment is actually made. We do not think that the legislative intent and objective is to treat belated payment of Employee's Provident Fund (EPD) and Employee's State Insurance Scheme (ESI) as deemed income of the employer under section 2(23)(x) of the Act. 6. Respectfully following the same, I hereby direct the Assessing Officer to delete the addition. Thus, grounds raised by the assessee in this appeal are allowed. 7. In the result, the appeal of the assessee is allowed. Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X
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