2018 (6) TMI 219

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....d. CIT(A) was justified in deleting the addition of Rs. 5,28,47,010/- made by the AO for depositing the employees contribution to PF & ESI beyond the prescribed time limit provided in respective Act. (ii) Whether on the facts in the circumstances of the case and in law the ld. CIT(A) was justified in holding that employee's contribution to PF & ESI are governed by the provision of section 43B and not by section 36(1)(va) r.w.s. 2(24)(x) of the I.T. Act. (iii) The appellant craves its rights to add, amend, alter any of the grounds on or before hearing." 2. The only common issues raised in these two appeals by the Revenue is regarding the disallowance made by the AO in respect of employee's contribution to PF & ESI beyond the prescri....

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....eciation of the facts, I tend to agree with the appellant's claim. The Hon'ble Supreme Court in case of CIT vs. Alom Extrusions Ltd. reported in 319 ITR 306 held that omission of second proviso to sec 43B and the amendment of first proviso by Finance Act, 2003, bringing about uniformity in payment of tax, duty, cess and fee on one hand and contribution to employees' welfare funds on the other, are curative in nature, and thus, effective retrospectively w.e.f. 1-4-88 i.e. the date of insertion of first proviso. It was further held that where Provident Fund and Employees State Insurance Contribution were paid by the assessee before filing of the return and proof of payment was submitted before the Assessing Officer, the amounts were deduc....

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....r as the I T Act is concerned, the assessee can get the benefit if the actual payment is made before the return is filed. - CIT vs. Vinay Cement Ltd. (2007) 213 CTR (SC) 268, CIT vs. Dharmendra Sharma (2007) 213 CTR (del) 609 : (2008) 297 ITR 320 (Del) and CIT vs. P. M. Electronics Ltd. (2008) 220 CTR (del) 635 : (2008) 15 DTR (del) 258 followed." Apart from the above decisions, the following decisions are also applicable on the issue at hand:- i. Dy CIT vs. Orbit Resorts (P) Ltd (48 SOT 23 (URO) ii. ACIT vs. Ranabaxy Laboratories Ltd. (2011) 7 ITR (Trib) 161 (DLH) iii. ACIT vs. M/s. Anil Special Steel Industries Ltd. (decision of Jaipur Bench in ITA No. 1100/JP/2011) From the above decisions, it is clear that payment or cont....