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The Tribunal observed that the CIT(Appeals) had not provided specific reasons for the maintainability of the penalty and had levied it in a routine manner. Given that the quantum appeal was being remanded, the Tribunal decided to set aside the order of the CIT(Appeals) and remand the penalty appeal back for denovo adjudication.
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The tribunal held that as per the Hon'ble Supreme Court's decision in Checkmate Services (P) Ltd. vs. CIT, employee contributions to PF and ESIC must be deposited within the due dates prescribed by the respective statutes to be eligible for deduction under Section 36(1)(va) read with Section 43B of the Income Tax Act. Late deposit, even before the return filing due date, makes the amount deemed income in the hands of the employer.