2016 (4) TMI 742

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....Kumar Rastogi, Adv. and Mr. Parijat Saurav, Adv For the Respondent : Mrs. Archana Sinha, Sr. SC, IT, Mr. Alok Kumar and Ms. Shalini Bihari JUDGMENT Heard learned counsel for the appellant and learned counsel for the respondent-Revenue. The assessee-appellant, being a Public Sector Undertaking of the Government of Bihar, had filed a return of income declaring total income of Rs. 51,23,7....

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.... with respect to the balance amount of Rs. 7,04,053/-, the dues of the other months, the Tribunal agreed with the orders of the Assessing Officer and the Commissioner of Income Tax (Appeals) holding that the said delayed payment of employees' contribution to ESI and EPF aggregating to Rs. 7,04,053/- has rightly been treated as income of the assessee under Section 2(24(x) of the Act. Accordingly, t....

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....03.2007 in the case of CIT Vs. Vinay Cements Limited which reiterated the earlier decision of the Apex Court in the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd: (2009) 319 ITR 306 (SC). In Alom Extrusions case (supra) the Apex Court in the relevant part of para-16, has held as follows:- "16. We find no merit in these civil appeals filed by the Department for the following reas....

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....was sought to be given in respect of tax, duty, cess or fee by explicitly stating that if such tax, duty, cess or fee is paid before the date of filing of the return under the Income-tax Act ( due date), the assessee(s) then would be entitled to deduction. However, this relaxation/incentive was restricted only to tax, duty, cess and fee. It did not apply to contributions to labour welfare funds. T....