2013 (9) TMI 1206

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....mmissioner of Income Tax (Appeals)-V, Pune dated 09.03.2012 which, in turn, has arisen from an order dated 16.04.2010 passed by the Assessing Officer, under Section 154 of the Income-tax Act, 1961 (in short "the Act"), pertaining to the assessment year 2006-07. 2. In this appeal, the solitary grievance of the Revenue is against the action of the CIT(A) in deleting the addition made by the Assessi....

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....10 dated 29.07.2011, deleted the addition on the ground that impugned contributions were paid by the assessee before the due date of filing of return of income. Against the aforesaid decision, Revenue is in appeal before us. 4. At the time of hearing, the learned Departmental Representative pointed out that the CIT(A) erred in deleting the disallowance by not appreciating the distinction between....

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....e, contended that the CIT(A) erred in deleting the addition in question which related to delayed deposit of employee's contributions to PF/ESI, beyond the due date prescribed in the respective Acts. 5. On the other hand, the learned counsel appearing for the respondentassessee relied upon the order of the CIT(A) in support of the case of the assessee and it was pointed out that the said argument....

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....butions towards PF and ESI which are paid within due date of filing of return of income is allowable expenditure though they may have been paid beyond the due date specified in the respective Act. The Tribunal noticed a similar argument that has been raised by the learned Departmental Representative before us, and after following the judgement of the Hon'ble Delhi High Court in the case Aimil Ltd.....