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TMI Blog2023 (7) TMI 1539X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of salary is actually made would be relevant for the purposes of determination of due date of deposit under the respective statute. The accrual of liability towards payment of salary without actual disbursement would not fasten obligation for deposits of employees contribution in the labour Acts per se. as observed by the co-ordinate bench in Kanoi Paper and Industries Ltd.[ 2001 (5) TMI 139 - ITAT CALCUTTA-E] - This aspect has not been found to be examined by the AO or CIT(A). Hence without expressing any opinion on merits on this aspect, we deem it expedient to restore the matter to the file of designated AO. It shall be open to the assessee to place factual matrix before the AO and take such plea for evaluation of the AO. The AO shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 94,13,251/- to the returned income of the assessee on account of late deposits of employees contribution to PF/ESIC while processing the return of income under Section 143(3) of the Act. The rectification application under Section 154 by the assessee thereon has been rightly rejected and confirmed by the CIT (A) in the light of the judgment rendered in the case of Checkmate Services Pvt. Ltd. vs. CIT (2022) 143 taxmann.com 178 (SC). The ld. Sr.DR for the Revenue submitted that even for the Assessment Year 2019-20 in question, belated deposit of employees contribution held in trust by the employer assessee are to be reckoned as taxable income under Section 2(24)(X) r.w. Section 43B and deduction under Section 36(1)(va) of the Act would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 observed in para no.9.3 of that order that month during which the disbursement of salary is actually made would be relevant for the purposes of determination of due date. The relevant operative para of the order of the Co-ordinate Bench of Tribunal is reproduced herein under for ready reference: 9.3 We also take note of yet another plea made out on behalf the assessee towards methodology of calculation of default under the relevant PF/ESIC Act. The Ld. Counsel contends that the month during which the disbursement of salary is actually made would be relevant for the purposes of determination of due date of deposit under the respective statute. The accrual of liability towards payment of salary without actual disbursement would not fasten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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