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Income Tax Appellate Tribunal, CUTTACK
Before: SHRI N.S SAINI
This is an appeal filed by the assessee against the order of CIT(A)-
1, Bhubaneswar, dated 18.11.2016, for the assessment year 2011-12.
The sole issued involved in this appeal is that the CIT(A) erred in
confirming the order of the Assessing officer disallowing deduction of
employee’s share of EPF and ESI amounting to Rs.13,27,148/- on the
ground that same was not deposited to the PF and ESI authorities within
the due date prescribed under the respective Act.
The brief facts of the case are that the Assessing Officer found that
during the year under consideration, employee’s contributions to EPF and
ESI amounting to Rs.13,27,148/- were not paid to the respective
2 ITA No. 126/CT K/ 2017 Asse ssment Year :20 11- 12
authorities within the due date as prescribed under the Act but were
deposited later on as under:
EPF (Account No 134368) Code -OR2655 MONTH EMPLOYEES' SHARE DATE OF DEPOSIT ' April 2010 93326 06.07.2010 May2010 90130 21.07.2010 June 2010 94067 19.08.2010 July 2010 99656 06.09.2010 August2010 86176 22.09.2010 September 2010 90829 25.10.2010 Jan2011 90690 22.02.2011 Total 644874
Code -OR3020 MONTH EMPLOYEES' SHARE DATE OF DEPOSIT ' April 2010 93115 06.07.2010 May2010 87500 21.07.2010 June 2010 87653 19.08.2010 July 2010 91076 06.09.2010 August2010 86388 22.09.2010 September 2010 102571 25.10.2010 January 2011 98744 22.02.2011 Total 647647
ESI Contribution St. MONTH EMPLOYEES' SHARE DATE OF DEPOSIT Mo 1. April 2010 3782 29.06.2010 2. May2010 3661 22.07.2010 3 June 2010 3608 17.08.2010 4 July &August2010 8085 29.09.2010 5 September 2010 3292 29.10.2010 6 October 2010 3230 26.11.2010 7 Nov 2010 3406 23.12.2010 8 Jan2011 3177 28.02.2011 9 Feb2011 2986 31.03.2011 Total 35,227
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Therefore, he added Rs.13,27,148/- to the income of the assessee
under section 43B r.w.s 2(24)(x) of the Act.
On appeal, the CIT(A) confirmed the action of the Assessing Officer.
Before me, ld A.R. of the assessee argued that employee’s
contribution to PF and ESI was allowable deduction to the assessee if the
same was deposited within the due date of filing the return of income
u/s.139(1) of the Act. He submitted that it will be observed from the
assessment order that the payments are made by the assessee before
due date of filing the return of income u/s.139(1) of the Act and,
therefore, the deduction should be allowed.
Ld D.R. supported the orders of lower authorities.
I have heard rival submissions, perused the orders of lower
authorities and materials available on record. In the instant case, it is not
in dispute that the employees’ contributions to PF and ESI were deposited
by the assessee before due date of filing the return of income u/s.139(1)
of the Act. The Hon’ble Delhi High Court in CIT Vs. AIMIL Limited [2010]
321 ITR 508 (DEL) has held that the employees’ contribution towards EPF
and ESI etc. deposited after the due date but before the time allowed for
filing the return u/s.139(1) will not call for any disallowance
u/s.36(1)(va). Therefore, I set aside the orders of lower authorities and
delete the disallowance of employees contribution to PF and ESI of
Rs.13,27,148/-- and allow this ground of appeal of the assessee.
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In the result, appeal filed by the assessee is allowed.
Order pronounced in the open court on 04/08/2017. Sd/- (N.S Saini) ACCOUNTANT MEMBER
Cuttack; Dated 04/08/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The appellant : Orissa Pisciculture Corporation Ltd., Plot No.D, Nayapali, Bhubaneswar 2. The Respondent. ITO, Ward 2(1), Bhubaneswar. 3. The CIT(A) -1, Bhubaneswar 4. Pr.CIT-1, Bhubaenswar 5. DR, ITAT, Cuttack BY ORDER, 6. Guard file. //True Copy// SR.PRIVATE SECRETARY ITAT, Cuttack