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TMI Blog2022 (5) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... . - Decided against assessee. - ITA No. 71/Ahd/2022 - - - Dated:- 5-5-2022 - SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER Assessee by : None Revenue by : Shri S.S. Shukla, Sr. D.R. ORDER PER P.M. JAGTAP, VICE-PRESIDENT : This appeal filed by the assessee is directed against the order of the learned Commissioner of Income-tax (Appeals)-11, Ahmedabad ( CIT(A) in short) dated 20.01.2022 and the solitary issue involved therein relates to the disallowance of Rs.1,14,16,549/- made by the Assessing Officer and confirmed by the learned CIT(A) on account of belated payment of employees contribution towards PF ESI made after the due dates specified in the relevant statute. 2. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d disallowance made by the Assessing Officer was not sustainable. 4. After considering the written submission filed by the assessee as well as the various judicial pronouncements on the issue, the learned CIT(A) confirmed the disallowance made by the Assessing Officer on account of belated payment of employees contribution towards PF ESI, inter alia, by relying on the decision of Hon ble Gujarat High Court in the case of PCIT Vs. Suzlon Energy Ltd, reported in 115 taxmann.com 340 and in the case of CIT Vs. Gujarat State Road Transport Corporation, reported in [2014] 41 taxmann.com 100 (Guj.). Aggrieved by the order of the learned CIT(A), the assessee has preferred this appeal before the Tribunal. 5. At the time of hearing fixed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the assessee to follow the decisions of the different High Courts refereed to hereinabove and/or not to take a contrary view cannot be accepted. 8.00 In view of the above and for the reasons stated above, and considering section 36(1)(va) of the Income Tax Act, 1961 read with sub-clause (x) of clause 24 of section 2, it is held that with respect to the sum received by the assessee from any of his employees to which provisions of sub-clause (x) of clause (24) of section (2) applies, the assessee shall be entitled to deduction in computing the income referred to in section 28 with respect to such sum credited by the assessee to the employees' account in the relevant fund or funds on or before the due date mentioned in exp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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