2015 (5) TMI 78

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....DER P.C. 1. The common question in these three appeals in respect of assessment years 2005-06 to 2007-08 pertains to deduction under section 36(1)(va) of the Income Tax Act, 1961 ('the Act') in respect of the provident fund contribution made by the assessee beyond the period specified in para 38 of the Employees Provident Fund Scheme, 1952. The question of law reads as under:- "Wh....

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....a payment towards the employees provident fund. However, this contribution was made belatedly. The payment was made beyond due date but within the grace period of five days. The assessee claimed deduction under section 36(1)(va) of the Act. In the course of the assessment proceedings, the Assessing Officer made addition to the total income of the employees contribution to the provident fund on acc....

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.... made disallowance. We have heard Mr. Suresh Kumar for the appellant. According to him, the order of the Assessing Officer was correct and ought to have been sustained. We are unable to agree. Before the Tribunal, we find that the department's representative fairly conceded that the case at hand was covered against the revenue by the decision of Marubeni India (P) Ltd. V/s. CIT (101 ITD 437 De....