AI Drafter - (New and Powerful) 
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter. 
TaxTMI 
TaxTMI 
2019 (7) TMI 1635
X X X X Extracts X X X X
X X X X Extracts X X X X
....ollowing grounds of appeal: ''1. The order of the Ld. CIT(A) is contrary to the law and facts of the case. 2. The Ld. CIT(A) erred in allowing the disallowance u/s.36(1) (va) r.w.s. 2(24)(x) of C72,77,266/- by relying on the decision of Hon'ble Madras High Court in the case & Intelligence India Private Limited in the Mds. 585 and 586 of 2015 & M M.P.No.1 of 2015 dated 24-07-20 15. 2.1. The decision of the CIT(A) based on the decision of Hon'ble Madras High Court in the case of CIT vs. Industrial Security & Intelligence India Private Limited is misplaced in view of the subsequent pronouncement of the Hon'ble Madras High Court in the case of Unifac Management Services (India) vs. DCIT in W.P. No. 5264 of 2018....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... reliance in the decision of Unific Management Services (India) Ltd. Vs.DCIT (supra) and submitted that Revenue had not accepted the judgment of Hon'ble Jurisdictional High Court in the case of CIT vs. Industrial Security & Intelligence India Pvt Ltd. (TCS No.585 & 586 of 2015, dated 24.07.2015). According to him, contribution by the employees, towards welfare funds, remitted after due date prescribed in the respective enactments had to be disallowed u/s.36(i) (va) of the Act. 5. On the other hand, ld. Authorised Representative strongly supported the order of the ld. Commissioner of Income Tax (Appeals). Further, the ld.AR submitted that the ld. Commissioner of Income Tax (Appeals) deleted the addition by following the judgment of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....viso to Section 43B and amendment to first proviso by Finance Act, 2003 are curative in nature and are effective retrospectively. i.e. with effect from 01.01.1988 i.e the date of insertion of first proviso. The Delhi High Court in the case of CIT vs. Amil Ltd, reported in 321 ITR 508 held that if the assessee had deposited employee's contribution towards Provident Fund and ESI after due date as prescribed under the relevant Act, but before the due date of filing of return under the Income Tax Act, no disallowance could be made in viepw of the provisions of Section 43B as amended by Finance Act, 2003. 6.In the present case, the assessee had remitted the employees contribution beyond the due date for payment, but within the due date ....