2015 (11) TMI 188

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....,54,964/- made by the Assessing Officer u/s.43B of the Act in respect of the employer and employees contribution to P.F. And E.S.I. Which were made beyond the due date?" 2. The assessment year is 2003-04 and the relevant accounting period is the previous year 2002-03. The assessee, a limited company, filed return of income on 21.11.2003 showing loss of Rs. 23,54,879/-. The Assessing Officer disallowed an amount of Rs. 4,54,964/- under section 43B of the Act as the assessee had not made the payment of the employer's contribution and employees' contribution within the due date as prescribed under the Act. It was contended by the assessee that the payments had been made before the due date for filing of return and in view of the amendment....

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....favour of the revenue by the decision of this court in Commissioner of Income Tax-II v. Gujarat State Road Transport Corporation, (2014) 366 ITR 170 . 4. Despite service of notice of admission, there is no appearance on behalf of the respondent-assessee. 5. As can be seen from the order passed by the Assessing Officer, the disallowance under section 43B of the Act relates to the amount of employees' contribution as well as to the amount of employer's contribution, both of which have been disallowed on the ground that the same have not been submitted within the period prescribed under the Act. However, it is an admitted position that the payments have been made before the due date of filing of return. 6. Insofar as the employer&#3....

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....ed to in section 28 with respect to such sum credited by the assessee to the employees' account in the relevant fund or funds on or before the "due date" mentioned in explanation to section 36 (1) (va) of the Act. The court held that the Tribunal, therefore, erred in deleting disallowances being employees' contribution to PF account/ ESI account made by the Assessing Officer as such sums were not credited by the respective assessee to the employees' accounts in the relevant fund or funds on or before the due date as per explanation to section 36 (1) (va) of the Act, that is, the due date by which the concerned assessee was required as an employer to credit the employees' contribution to the employees' account in the prov....