SHRI MAHABIR DYEING AND PRINTING MILLS PVT. LTD,MUMBAI vs. DCIT 4(3) (1) , MUMBAI
In the result, appeal filed by the assessee is partly allowed
ITA 1829/MUM/2021[2018-19]Status: DisposedITAT Mumbai31 May 2023AY 2018-19
Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Mahabir Dyeing & Printing V. Dcit – 4(3)(1) Mills Pvt. Ltd., Room No. 649, 6Th Floor Aayakar Bhavan 510/511, Kakad Market, 306 M.K. Road, Mumbai - 400020 Kalbadevi Road, Mumbai - 400002 Pan: Aaacm5098H (Appellant) (Respondent)
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B
specifically to ensure that if these receipts were deposited in the EPF/ESI accounts of the employees concerned, they could be treated as deductions. Section 36(1)(vo) was hedged with the condition that the amounts/receipts had to be deposited by the employer, with the EPF/ESI, on or before ... relation to the employer's contribution (Le., section 36(1)(iv)). [Para
32].
The significance of this is that Parliament treated contributions under section 36(1)(vo) differently from those under section 36(1)(iv). The latter (hereinafter, "employers' contribution") is described as "sum paid by the assessee