Provident Fund and ESI deduction allowed where employees' contributions were deposited by the return filing date.

Employees' contribution to provident fund and ESI, when deducted by the employer and deposited by the date of filing the return, was treated as deductible. The Court followed its earlier decision on the same question and held that the binding precedent had already resolved the controversy against the revenue. Applying that prior view, the issue was answered in favour of the assessee, and the assessment question stood concluded on deductibility of the employees' contribution.

---

---

Issues: Whether employees' contribution towards provident fund and ESI, deducted by the employer, was deductible where the payment was made by the date of filing the return.

Analysis: The issue was already decided by the Court in an earlier appeal on the same question and the view taken there was followed. The binding precedent treated the controversy as concluded against the revenue on the point raised.

Conclusion: The issue was answered in favour of the assessee.

Final Conclusion: The appeal failed and the assessment question stood concluded in favour of the assessee on the point of deductibility of employees' contribution to provident fund and ESI.

Ratio Decidendi: Where the same legal issue has already been decided by the Court, that precedent governs subsequent appeals raising the identical question.

---