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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Chandra Poojari, AM & Shri George George K, JM
This appeal at the instance of the assessee is directed against the order of the CIT(A), dated 23.08.2019. The relevant assessment year is 2010-2011.
The solitary issue raised in this appeal is whether the CIT(A) erred in confirming the disallowance of employees’ contribution to PF / ESI u/s 36(1)(va) of the I.T.Act on the ground that the above amounts have been remitted beyond the due date prescribed under the respective Acts.
At the very outset, we noticed that the issue raised in this appeal is covered against the assessee by the judgments of the Hon’ble jurisdictional High Court in the case of CIT v. Merchem Limited [(2015) 378 ITR 443 (Ker.)], and Popular
2 M/s.Kerala State Electronics Dev.Corpn Ltd. Vehicles & Services Private Limited v. CIT [(2018) 406 ITR 150 (Ker.)], wherein it has been clearly said that the employees’ contribution to PF and ESI paid beyond the due date prescribed under the respective Acts could not be eligible for deduction u/s 36(1)(va) of the I.T.Act. In view of the judgments of the Hon’ble jurisdictional High Court cited supra, we hold that the CIT(A) is justified in confirming the A.O.’s order, wherein there was disallowance of employees’ contribution to PF / ESI u/s 36(1)(va) of the I.T.Act on the ground that the above amounts were remitted beyond the due date prescribed under the respective Acts. It is ordered accordingly.
In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 10th day of March, 2020.