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TMI Blog2022 (6) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 2(24)(x) - Decided in favour of assessee. - ITA No. 957/DEL/2021 - - - Dated:- 20-5-2022 - SHRI KUL BHARAT, JUDICIAL MEMBER Appellant by : Sh. Tanpreet Kohli, CA Respondent by : Sh. Om Prakash, Sr. DR ORDER PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-12, New Delhi, dated 14.08.2020, pertaining to the assessment year 2018-19. The assessee has raised following grounds of appeal: 1. On the facts and circumstances of the case, the order passed by the learned Commissioner of income Tax (Appeal) [ CIT(A) ] is bad, both in the eye of law and on facts. 2. On the facts and circumstances of the case, the learned CIT(A) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontribution by employees on the ground that the same was not deposited within the time as stipulated under the respective Acts. It is stated that the contribution was deposited before the due date for filing of the return. Reliance is placed on the judgment of the Hon ble Delhi High Court in the cases of CIT Vs. Dharmendra Sharma 123 CTR 609; CIT Vs. AIMIL Ltd. (2010) 321 ITR 508; as also the judgment in the case M/s Pro Interactive Services (India) Pvt. Ltd. in ITA no. 983/2018, wherein the issue has been decided in favour of the assessee. 4. Per contra, the learned DR opposed the submissions and heavily relied on the orders of the authorities below. 5. I heard the rival submissions, perused the material on record and gone through th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered against the Revenue and, therefore, no substantial question 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 employer under section 2(24)(x) of the Act. 8. Therefore, respectfully following the binding precedence, we hereby delete the addition. The grounds raised in this appeal are allowed. 9. In the result, assessee s appeal is allowed. Order pronounced in open court on 20th May, 2022. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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