2021 (7) TMI 277

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....allowed to file the ITR u/s. 139(1) and deposited before filing I.T. return. 2. That under the facts and circumstances, the addition of Rs. 3,01,631/- for PF and ESIC contribution of employees deposited beyond the due date as per PF and ESIC Act but within the time allowed to file the ITR is outside the scope of addition/adjustment while processing the ITR u/s. 143(1) of the Act, also, because, more so, the issue is highly debatable. 3. That, without prejudice, on merits, addition of Rs. 3,01,631/- for PF and ESIC contribution of employees deposited beyond the due date as per PF and ESIC Act but within the time allowed to file the ITR is fully allowable and cannot be added back. 4. That under the facts and circumstance no interest U/s....

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....e decision of Hon'ble High Court of Delhi in the case CIT vs. Aimil Ltd. and hon'ble Apex Court's decision in the cases CIT vs. Vinay Cement Ltd. and CIT vs. Alom Extrusions Ltd. In this connection it is pertinent to mention here that the decision of Bharat Hotels Ltd., delivered by the Hon'ble jurisdictional High Court is the latest decision, thus reliance placed by the appellant on earlier decisions of the Jurisdictional High Court became of no help to the appellant. It is further mentioned that hon'ble Delhi ITAT in the case M/s. Eagle Trans Shipping and Logistics India Pvt. Ltd. vs. ACIT, Circle 8(1), New Delhi has relied upon the decision of Hon'ble Delhi High Court in the case of M/s. Bharat Hotels Ltd. and in ....

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....ed upon. 6.14. Taking into consideration the facts of the case and latest judicial precedence available on record, I am of the considered view that the appellant is not entitled for deduction u/s. 36(1)(va) in respect of delayed payment of employee's contribution towards EPF and ESI before the due date of filing of ITR amounting to Rs. 3,01,631/-. The appellant is keeping Govt. money in his possession which is against the spirit of the law. Also there will be no sanctity for any due date if the same is allowed till another date. The ground of appeal taken by the appellant is rejected." 5. From the decision of Ld. CIT(A), it is clear that Ld. CIT(A) has followed the judgment rendered in the case of Bharat Hotels Ltd. (supra). However,....