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Income Tax Appellate Tribunal, MUMBAI BENCH “J”, MUMBAI
Before: SHRI RAJENDRA & SHRI C.N. PRASAD
Per C.N. Prasad, Judicial Member:
This appeal is filed by the Revenue against the order of the Commissioner of Income Tax-17, Mumbai (hereinafter referred to as the CIT) dated 18.11.2014 for the assessment year 2011-12. 2. The only issue in the appeal of the Revenue is that the Ld. CIT(A) erred in deleting the disallowance on account of delayed payment of Employees’ Contribution to Provident Fund and ESIC even though they were made beyond the prescribed due dates.
2 M/s. Jord Engineers India Ltd.
The Ld. Counsel for the assessee at the outset submits that the issue in appeal is squarely covered by the decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd. [319 ITR 306]. He also submits that this issue is covered by even the Juri ictional High Court in the case of CIT vs. Hindustan Organic Chemicals Ltd. in IT Appeal No.399 of 2012 wherein it was held that Employees’ Contribution to Provident Fund paid before the due date for filing of return of income shall be allowed as deductable revenue expense. He also further submits that similar view has been taken in the case of CIT vs. Ghatge Patils Transport Ltd. in ITA No.1102 of 2012 and 1034 of 2012. 4. The Ld. D.R. places reliance on the order of the Assessing Officer.
We have heard the rival submissions and perused the orders of the authorities below. This is a case where the assessee has remitted PF & ESI contributions belatedly but before the due date of filing of return of income and this issue is decided in favour of the assessee by the Juri ictional High Court followed by which the Ld. CIT(A) deleted the disallowance. Hence, we do not find any infirmity in the order passed by the Ld. CIT(A).
Revenue’s appeal is dismissed.
Order pronounced in the open court on 30.11.2016. आदेश क" घोषणा खुले "यायालय म" "दनांकः 30.11.2016 को क" गई । (राजे"" / Rajendra) (सी "साद / C.N. Prasad) सी. . . . एन एन. . "साद सी सी एन एन . . "साद "साद लेखा सद"य / ACCOUNTANT MEMBER "याियक सद"य / JUDICIAL MEMBER मुंबई/Mumbai; "दनांक/Dated 30.11.2016 * Kishore
3 M/s. Jord Engineers India Ltd.
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""यथ" / The Respondent. 3. आयकर आयु"(अपील) / The CIT(A)- 4. आयकर आयु" / CIT िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai 5. 6. गाड" फाईल / Guard file. आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार आदेशानुसार स"यािपत !ित //// सहायक पंजीकार (Dy./Asstt.