2018 (12) TMI 311

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....the order of the CIT(A) has raised before us the following grounds of appeal:- "1. Employees Contribution to Provident Fund of Rs. 6,30,867/- a) On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) has erred in confirming addition of Rs. 6,30,867/- payment made towards Employee Contribution to Provident Fund after specific due date." 2. Briefly stated, the assessee company which is engaged in the business of manufacturing and repair of electrical transformers had filed its return of income for A.Y. 2013-14 on 27.08.2013, declaring total income at Rs. 2,23,68,227/-. The return of income filed by the assessee was processed as such under Sec. 143(1) of the Act. Subsequently, the case of the assessee was selec....

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....ggrieved, the assessee carried the matter in appeal before the CIT(A). The CIT(A) after deliberating on the contentions advanced by the assessee before him, was however, not persuaded to accept the same and sustained the aforesaid disallowance. 5. The assessee being aggrieved with the order of the CIT(A) has carried the matter in appeal before us. The Ld. Authorized Representative (for short 'A.R') for the assessee Shri. Virag Shah submitted, that as the assessee had deposited the amount of the employees contribution towards provident fund, before the 'due date' contemplated under Sec. 139(1) for filing of its return of income for the year under consideration viz. A.Y 2013-14, thus, no disallowance was called for in its hands. The Ld. A.R ....

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....ontention of the Ld. A.R that the lower authorities had erred in observing that the provisions of Sec. 43B were applicable only in respect of the employers contribution to provident fund, and would not take within its sweep the deduction relating to the employees contribution to the said welfare fund, which as per them would fall within the realm of Sec. 36(1)(va) of the Act. It was submitted by the Ld. A.R that the issue under consideration was no longer res integra and is settled by the judgment of the Hon'ble High Court of Bombay in the case of CIT Central, Pune Vs. Ghatge Patil Transports Ltd. (ITA No. 1002 & 1034 of 2012; dated 14.10.2014) (Bom). It was submitted by the Ld. A.R that the Hon'ble High court of Bombay in the aforementione....