2021 (8) TMI 791

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....sing the order u/s.263 which is without jurisdiction and ab initio bad in law. Appellant prays to cancel the same. 2. Pr. CIT erred in setting aside the Order U/s. 143(3) by stating that no verification was made by A.O. regarding payment of employee's contribution to PF/ESIC of Rs. 10,71,494/-. However, a) Order U/s. 143(3) is limited scrutiny, not on this issue. b) Supreme Court and Bombay High Court held employees payment before due date of filing are allowable. Appellant prays to cancel the Order passed by Pr. CIT. 3. Appellant prays to add, alter, amend and / or withdraw the Ground/s as the occasion may demand during appellate proceedings." 3. Briefly, the facts of the case are as under :- The appellant is a company incorporated u....

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....u/s 43B of the Act in the light of the decision of the Hon'ble Supreme Court in the case of CIT vs. Vinay Cement Limited, 213 CTR 268 (SC) and the decision of the Hon'ble Delhi High Court in the case of CIT vs. AIMIC Limited, 188 Taxman 265 (Delhi) and also the decision of the Hon'ble Jurisdictional High Court in the case of CIT vs. GhatgePatil Transports Ltd., 368 ITR 749 (Bom). 5. On considering of the explanation of the appellant, the ld. PCIT was of the opinion that the though the issue was squarely covered in favour of the appellant company, however, the same cannot be allowed as deduction in view of the CBDT Circular No.22/2015 dated 17.12.2015 and the fact that the Department is in appeal before the Hon'ble Supreme Court against the....

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....loyee's contribution to PF and ESIC within the due date under the PF Act. Admittedly, it is settled position of law that when an assessee deposits the contribution to any Provident Fund or any other fund on or before due date for filing the return of income under the Income Tax Act, no disallowance can be made u/s 43B of the Act. Reliance in this regard can be made to the decision of the Hon'ble Jurisdictional High Court in the case of GhatgePatil Transports Ltd. (supra), decision of the Hon'ble Delhi High Court in the case of AIMIC Limited (supra) and also the decision of the Hon'ble Supreme Court in the case of Vinay Cement Limited (supra). 10. The only ground on which the ld. PCIT seeks to revise the assessment order is that the Assessi....