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TMI Blog2022 (1) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... various judgment relied on by the ld.AR. Accordingly the appeal of the assessee is allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ovision states, notwithstanding anything contained in any other provision contained in this Act, a deduction otherwise allowable in this Act in respect of any sum payable by the assessee as an employer by way of contribution to any fund such as provident fund shall be allowed if it is paid on or before the due date as contemplated under Section 139(1) of the IT Act. This provision has nothing to do with the consequences, provided for under the PF Act/PF Scheme/ESI Act, for not depositing the "contribution" on or before the due dates therein. 16. In the present case, admittedly, though the employer did not deposit the contribution, within the stipulated time, as contemplated by paragraph-30 of the PF Scheme or before the due date under the provisions of the PF scheme/Act, he deposited the contribution to the PF/ESI fund before the due date contemplated under Section 139(1) of the Act. 17. Section 6 of the PF Act provides for contributions and matters which may be provided for in Schemes. Paragraph- 29 of the PF Scheme states what is "Contribution". The expression "contribution" is also defined under the PF Act by Section 2(c) of the PF Act, which me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h respect, we find it difficult to endorse the view taken by the Gujarat High Court. We agree with the view taken by this Court in W.A.No.407712013. 23. In the result, the appeal is allowed and the substantial question of law framed by us is answered in favour of the appellant-assessee and against the respondent-revenue. There shall be no order as to costs. 10. Further, he relied on the judgment of Hon'ble Karnataka High Court in the case of CIT v. Sabari Enterprises [2008] 298 ITR 141 (Kar.) has held as under: "This clause is inserted by the Finance Act with effect from April 1, 1988. The Explanation to this clause is read very carefully. "Due date" has been explained stating that: means the date by which the assessee is required as an employer to credit contribution to the employees' account in the relevant fund under any Act, rule or order or notification issued thereunder or under any standing order, award, contract of service or otherwise." Prior to the above clause was inserted to section 36 giving statutory deductions of payment of tax under the provisions of the Act, section 43B(b) was inserted by the Finance Act, 1983, which came into force with eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 677 and paragraph 59 referred to supra in this judgment from the Finance Bill with all fours supports the case of the assessee/ respondents. Therefore, we have to answer the substantial question of law No. 1 framed by this court in these appeals at the instance of the Revenue against them, viz., in the negative. Accordingly, we answer the substantial question No.1 framed in these appeals in the negative. 12. Further, the ld.AR relied on the following judgments:- 1. In Re-Cognizance for Extension of Limitation - Supreme Court of India in M.P No.665/2021 in SMW(C) No.3/2020 dt.19/7/2021. 2. Salzgitter Hydraulics Pvt. Ltd vs. ITO [2021] 128 taxman.com 192 [Hyderabad Tribunal] 3. M/s Crescent Roadways Pvt. Ltd. vs. Dy.CIT - ITA.No.1952 Hyderabad/2018 4. M/s Mahadev Cold Storage vs. Jurisdictional AO - ITA.No.41 & 42/Agra/ 2021 5. M/s Essae Teraoka (P.) Ltd vs. DCIT - [2014] 43 taxmann.com 33 (Karnataka) 6. Anand Kumar Jain vs. ITO - ITA NO 4192/MUM/2012 Value Momentum Software Services Private Limited vs. DCIT I.T.A. No. 2 197/HYD/2017 [Assessment Year: 2013-14] dated 19.05.2021; 7. Mohan Ram Chaudhary vs. ITO ITA No. 51&54- 55/Jodh/2021 [Assessment Year: 2018-19] dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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