2021 (10) TMI 514
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.... providing warehouse facility. Assessee electronically filed its return of income for A.Y. 2013-14 on 30.09.2013 declaring total income at Rs. 1,15,55,190/- and book profit u/s 115JB of the Act at Rs. 2,19,88,782/-. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) of the Act vide order dated 29.02.2016 and the total taxable income was determined at Rs. 1,33,64,981/- and book profit u/s 115JB of the Act at Rs. 2,19,88,782/-. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who vide order dated 09.06.2017 in Appeal No.39/16-17 granted partial relief to the assessee. Aggrieved by the order of CIT(A), assessee is now in appeal before us and has raised the following grounds: 1. "The ....
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....Court in the case of CIT vs. Merchem Ltd. (2015) 378 ITR 443 (Kerala) held that the aggregate delayed payment of the employee's contribution to ESI/PF amounting to Rs. 16,58,877/- cannot be allowed as deduction. He accordingly made its addition u/s 2(24)(x) r.w.s 36(1)(va) of the Act. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who upheld the order of AO. Aggrieved by the order of CIT(A), assessee is now before us. 6. Before us, Learned AR reiterated the submissions made before the AO and CIT(A) and further submitted that though there has been delay in deposit of contributions of PF & ESIC beyond the due date but all the sums have been deposited before the date of filing of return of income. He therefore sub....
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....deposit with some delays, subject to the aforesaid consequences. Insofar as the Income Tax Act is concerned, the assessee can get the benefit if the actual payment is made before the return is filed, as per the principle laid down by the Supreme Court in Vinay Cement (supra). 18. We, thus, answer the question in favour of the assessee and against the Revenue. As a consequence, the appeals filed by the assessees stand allowed and those filed by the Revenue are dismissed." 9. We further find that Hon'ble Delhi High Court in the case of SPL Industries vs. CIT (2011) 9 Taxmann.com 195 (Delhi) held as under: "7. It is apt to note that the Division Bench has taken note of the submission advanced by the revenue that the distinction between ....