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TMI Blog2024 (7) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and if the employer s contribution has been deposited before the due date of filing of return of income as per the provisions of section 43B read with section 36 of the Act, the Assessing Officer will allow the same accordingly. So far as the delayed deposit of employees contribution to PF/ESI is concerned, the ld. Counsel has not pressed the issue in view of the decision of the Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reinafter referred to as CIT(A) ] passed u/s 250 of the Income Tax Act (hereinafter referred to as the Act ). 2. The assessee in this appeal has taken the following grounds of appeal: 1. For that the Ld. CIT(Appeal) erred in making disallowance of Rs. 85,23,450/- u/s 36(1)(va) in respect of delayed deposits of PF. 2. For that the Ld. CIT(Appeal) ought not to have made any disallowance in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer treated the entire amount as employees contribution towards Provident Fund and Employees State Insurance. He disallowed the entire amount u/s 36(1)(va) r.w.s. 2(24)(x) of the Act on account of delayed deposit of employees contribution to PF/ESI i.e. after the due date as provided under the respective welfare enactments. The ld. Counsel, in this respect, has submitted that the empl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Services Pvt. Ltd. Vs. CIT reported in (2022) 143 taxmann.com 178 (SC) dated 12.10.2022, wherein, it has been held that deduction u/s 36(1)(va) in respect of delayed deposit of amount collected towards employees contribution to PF cannot be claimed even though deposited within the due date of filing of return even when read with Section 43B of the Income-tax Act, 1961. 6. In the result, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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