2013 (8) TMI 519

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Rs.11,85,253/- in respect of employees and employers contribution to PF and ESIC made after the due date. 3. The AO made addition of Rs.11,85,253/- by observing that the contribution towards employees and employer has not been made within the time prescribed under the respective Act. Accordingly, he made the addition. 4. Learned CIT(A) in first round deleted the addition by observing that the issue is squarely covered by the decision of the various Benches and High Courts, whereby it has been held that if the contribution on account of PF and ESIC is made before filing the return, then no disallowance can be made. However, on appeal before the Tribunal the order of the CIT(A) was reversed. 5. Thereafter on miscellaneous application....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... out that the amount has been paid before the due date of filing of the return. Therefore, I see no unreasonableness in the finding of the learned CIT(A). Accordingly, I confirm the order of learned CIT(A) on this issue. 9. Regarding remaining amount of Rs.4,67,016/-, which is on account of employees' contribution to PF and ESIC, I found that there is no ureasonableness in the finding of the learned CIT(A) in this regard also. There is no dispute that under the respective Act also, if the amount is paid within the grace period then the amount needs to be treated paid in time. Learned CIT(A) has directed the AO to allow the deduction in respect of employees contribution towards PF and ESIC, if the payment is made within the grace period a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....erit no addition can be made in respect of depreciation on motor cars as the same has been shown in block of assets. Regarding PF and ESIC, it was submitted that this issue is also involved in the appeal filed by the department. Same arguments were advanced as were advanced while hearing the appeal of the department. 14. On the other hand, learned DR placed reliance on the order of learned CIT(A). 15. After considering the submission and perusing the material on record, I found that the assessee deserves to succeed in its appeal. Copy of the reasons recorded by the AO before issuing notice under Section 147 of the Act, is placed at page 19. From the contents of the reasons recorded, I found that the reasons have been recorded on the b....