2019 (3) TMI 56

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....r under section 143(3) of the Income Tax Act, 1961 (in short, 'the Act'), dated 26.11.2010. 2. The grievance raised by the assessee are as follows : "1) That on the facts and circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) erred in dismissing the appeal rejecting the Appellants petition for condonation of delay in filing the Appeal before him. 2) That the Ld. Commissioner of Income Tax (Appeals) erred in alleging that there was gross negligence, inaction and latches on the part of the assessee and his authorised representative and on the basis of such allegations he refused to condone the delay and did not pass any order on the grounds of appeal against the addition of Rs. 2,50,702/- made by the ....

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....e on or before filing the return of income. To substantiate his contention, the ld. Counsel submitted before us a chart showing the payment of Employees State Insurance (ESI) which are given below: Therefore the ld. Counsel for the assessee has prayed the Bench that since the payment of PF and ESI were made before the due date of filing return of income hence, there should not be any disallowance and the ld AO should be directed to delete the addition. 7. On the other hand, the ld. Departmental Representative for the Revenue has submitted before us that there was delay in making the payment of PF as per the Provident Fund Act and there is also a delay in making the payment of ESI as per Employees Insurance Act. Therefore, as per th....

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....nts made in section 43B of the Act i.e. deletion of second proviso and amendment in the first proviso, being curative in nature are retrospectively applicable from 1.04.1988. It further held that by deleting the second proviso to section 43B of the Act and amending the first proviso, the contribution to welfare funds have been brought at par with the other duty, cess, fee, etc. Thus, the proviso is equally applicable to the welfare funds also. Therefore, the deduction is allowable to the employer assessee if he deposits the contributions to welfare funds on or before the 'due date' of filing of return of income. . 3. Accordingly, w.e.f 01.4.1988, the settled position is that if the assessee deposits any sum payable by it by....