2008 (12) TMI 772

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.... Shakdher, J. - Admit. The following question of law has arisen for our consideration :- Whether, the Tribunal misdirected itself in disallowing the deduction claimed by the assessee in respect of staff provident fund dues on the ground that they had been paid after the due date referred to in the relevant statute but before the date for filing a return under section 139 of the Income-tax Ac....

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....elow, is that whether the appellant/assessee is entitled to claim deduction, in respect of, staff provident fund dues which have been paid after the due date prescribed under the relevant statute, but before the date of filing of return of income. 3. However, in order to dispose of the appeal the following facts require to be noted :- 3.1 The Assessing Officer by an order dated 30-3-2008 dis....

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....10-2005 reversed the order of the Assessing Officer on this issue. Consequently, the deduction claimed by the assessee was allowed. 3.3 The Department being aggrieved by the order of CIT(A) carried the matter in appeal to the Tribunal. The Tribunal by the impugned judgment reversed the order of CIT(A) by relying upon the judgment of the Madras High Court in the case of CIT v. Synergy Financial ....

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....ins to the eligibility of deduction, in respect of, staff provident fund due paid after due date prescribed under the relevant statute, but before the date of filing of return under the Act, i.e., Income-tax Act, 1961. In our view, the aforesaid issue is squarely covered by our judgment in the case of CIT v. P.M. Electronics Ltd. [2009] 177 Taxman 1 (Delhi) as corrected by our order dated 5-12-200....