Just a moment...
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether payment of employees' provident fund and ESI contributions made on the next working day, where the due date fell on a national holiday, was eligible for deduction.
Analysis: The due date for deposit coincided with a national holiday. Section 10 of the General Clauses Act was applied to hold that where the prescribed day falls on a holiday, compliance made on the next available working day cannot be treated as late for the purpose of deduction.
Conclusion: The issue was answered in favour of the assessee and against the Revenue.
Final Conclusion: The appeal was dismissed after the question of law was answered in favour of the assessee.
Ratio Decidendi: When the statutory due date for making a deposit falls on a national holiday, payment made on the next working day is treated as timely by virtue of Section 10 of the General Clauses Act.