9911796707
TMI Blog2023 (6) TMI 1465X X X X Extracts X X X X X X X X Extracts X X X X ..... lly held that in case employees contribution to PF and ESI have not been deposited within the due date prescribed under the PF and ESI Acts, the same cannot be allowed as deduction in view of the provisions contained u/s 36(1)(va) of the Act. In such circumstances, the employees contribution to PF and ESI not deposited within the due date, shall be treated as income of the assessee u/s. 2(24)(x) - we are unable to accept assessee s contention that the disallowance cannot be the subject matter of adjustment u/s. 143(1) of the Act. Alternative contention of the assessee that the employees contribution to PF and ESI have been deposited within the due date keeping in view the fact that the months to be considered should be the month, in which, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first appellate authority did not find merit in the submissions of the assessee and accordingly upheld the disallowance. 4. We have heard Dr. Rakesh Gupta, learned counsel for the assessee and Shri Vivek Vardhan, learned Sr. Departmental Representative. It is the case of the assessee that factually there is no delay in depositing employees contribution to PF and ESI, as the month to be taken should be the month in which the salary/wages has been disbursed. It is submitted, the months involved in the present appeal are April, 2018 to March, 2019. Therefore, the due date for depositing employees contribution towards PF and ESI in respect of these months should be 15.06.2018, 15.07.2018, 15.08.2018, 15.09.2018, 15.10.2018, 15.11.2018, 15.12.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowance cannot be the subject matter of adjustment u/s. 143(1) of the Act. 8. As regards the alternative contention of the assessee that the employees contribution to PF and ESI have been deposited within the due date keeping in view the fact that the months to be considered should be the month, in which, salary/wages are disbursed, we direct the Assessing Officer to examine the claim of the assessee strictly with reference to the provisions contained under the PF and ESI Acts in respect of the mode and manner of depositing the employees contribution towards PF ESI and decide the issue accordingly. Needless to mention, the Assessing Officer must afford reasonable opportunity of being heard to the assessee before deciding the issue. 9. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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