DENIS CHEM LAB LIMITED,,GANDHINAGAR vs. THE DY. CIT, MEHSANA CIRCLE,, MEHSANA

This appeal challenges correctness of learned CIT(A)’s order dated 31st July 1. 2017 in the matter of assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2014-15.

Grievance of the assessee, in substance, is against learned CIT(A)’s confirming the disallowance of Rs.15,91,602/- and Rs.82,312/- being the amounts of contribution to Provident Fund and Employees State Insurance contribution which were belatedly paid before the due date for filing of income tax return under section 139(1).

When the appeal was called out for hearing, learned counsel for the assessee fairly submits that, in view of Hon’ble jurisdictional High Court’s decision against the assessee on the issue, he wishes to restrict his grievance against disallowance of PF and ESI contribution paid within the permissible grace period under the respective statute. Learned Departmental Representative, on the other hand, contends that any relief on this issue should be subject to necessary verification by the Assessing Officer.

In view of the above discussions and bearing in mind entirety of the case, we deem it fit and proper to remit the matter to the file of the Assessing Officer for the limited purpose of allowing relief in respect of any PF/ESI contribution made during the grace period. Ordered, accordingly.