2015 (6) TMI 489

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....ed in deleting the addition of Rs. 32,29,938/ - made by the Assessing Officer on account of late deposit of employee's contribution towards provident fund in view of the provisions of section 2(24)(x) read with section 36(1)(va) of the Income tax Act, 1961. 11. On the facts and in the circumstance of the case, the CIT(A) has erred in deleting the addition of Rs. 84,076/- made by the Assessing Officer on account of late deposit of employee's contribution towards ESI in view of the provisions of section 2(24)(x) read with section 36(1 )(va) of the Income Tax Act, 1961." 3. Apropos deletion of addition of Rs. 32,29,938/- on account of late deposit of employees contribution towards provident fund and deletion of addition of Rs. 84....

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....2 Nov-01 339740 20.12.01 19.02.01 Dec-01 340513 20.01.02 19.02.02 Feb-02 307391 20.03.02 26.04.02 Mar-02 298098 20.04.02 Not paid   32,29,938       6. And the AO observed that assessee had made later deposit of employee's contribution towards ESI Month Amount Due date of deposit Date of deposit Apr-01 28,057 21.05.01 24.05.01 Aug-01 27,773 21.09.01 01.01.02 Sep-01 28,246 21.10.01 24.10.01   84,076       7. After observing, that assessee had not deposited the employees contribution towards provident fund and ESI before due date as given above, he held as under:- "The em....

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....) of Income Tax Act 1961. Addition of Rs. 84,076/- is accordingly made." 9. Against the aforesaid order of the Assessing, officer, assessee appealed before the Ld. CIT(A)-III, who vide his order dated 08.04.2013 has partly allowed the appeal of the assessee. 10. Now the Revenue is in appeal before us. 11. We have heard both the parties and have perused the records of the case and we find that in the assessment order AO has categorically stated the amount due for which month in respect of EPF and ESI deposits and has stated the due dates for these deposits to have been deposited and on which date actually these deposits were made by the assessee. The dates of deposits are mentioned between 05th July 2001 to 26th April 2002. We find ....