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of <h1>Tribunal allows appeals on employee contributions to PF & ESI, Total Income, Provident Fund, deduction eligibility</h1> <h3>Natraj Dal Mill Indore Versus ACIT 5 (1) Indore And Shri Ashok Somani Indore Versus Dy. CIT, PS, Bangalore</h3> Natraj Dal Mill Indore Versus ACIT 5 (1) Indore And Shri Ashok Somani Indore Versus Dy. CIT, PS, Bangalore - TMI Issues:1. Disallowance of employee's contribution to PF and ESI paid late by the appellant.2. Confirmation of the action of determining the Total Income of the appellant by the AO.3. Addition of employee's contribution towards Provident Fund.4. Eligibility of the entire payment for deduction under section 37(1) of the Act.Analysis:1. The appeals challenged the disallowance of employee's contribution to PF and ESI paid late by the appellants. The issue revolved around the timely deposit of the contributions. The CIT(A) confirmed the disallowance, leading to the appeals before the Tribunal. The Tribunal considered relevant legal provisions and past judgments to decide in favor of the appellants, emphasizing the timely deposit before the due date of filing the return of income under section 139(1) of the Act. The Tribunal relied on precedents and held that the disallowance was unjustified, ultimately allowing the appeals.2. The second issue involved the determination of the Total Income of the appellant by the AO. The CIT(A) confirmed the action, leading to the appeal. The Tribunal analyzed the facts and legal provisions, ultimately deciding in favor of the appellant. The Tribunal emphasized the timely deposit of the employee's contributions before the due date of filing the return of income under section 139(1) of the Act, leading to the deletion of the disallowance.3. The addition of employee's contribution towards Provident Fund was also contested in the appeals. The Tribunal considered the arguments presented by both parties and relied on legal precedents to make its decision. The Tribunal emphasized the importance of timely deposit of contributions before the due date of filing the return of income, ultimately leading to the deletion of the disallowance.4. The eligibility of the entire payment for deduction under section 37(1) of the Act was another key issue raised in the appeals. The Tribunal analyzed the relevant legal provisions and past judgments to reach its decision. Emphasizing the timely deposit of contributions before the due date of filing the return of income, the Tribunal decided in favor of the appellants, allowing the appeals and deleting the disallowance.In conclusion, the Tribunal allowed the appeals, ruling in favor of the appellants regarding the disallowance of employee's contribution to PF and ESI, the determination of Total Income, the addition of employee's contribution towards Provident Fund, and the eligibility for deduction under section 37(1) of the Act. The Tribunal's decision was based on the timely deposit of contributions before the due date of filing the return of income, supported by legal provisions and precedents.
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