TaxTMI 
TaxTMI 
2022 (1) TMI 1038
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....cer-CPC has erred both on facts and in law in disallowing the contribution of employees towards the provident fund/ESI amounting to Rs. 25,22,258/- without considering the response vide dated 19.09.2019. The delayed payment in respect to contribution of employees towards the provident fund/ESI is deductible under section 36(1)(va) or not, is debatable, and such a debatable claim cannot be disallowed by way of an intimation under section 143(1)(a) of The Income Tax Act, 1961. The Intimation under section 143(1)(a) of the Act, 1961 has been passed without considering the Jurisdiction high court decision. 2. That having regard to the facts and circumstances of the case. The impugned order passed by The Learned CIT (Appeal)-NFAC is completely....
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....w & ground(s) of appeal at or before the time of hearing." 2. No one appeared on behalf of the assessee at the time of hearing. The notice sent through speed post was returned with remark "left". The assessee has not provided any new address to the Registry. Therefore, the appeal was taken up for hearing in the absence of assessee. 3. Facts giving rise to the present appeal are that the appeal was instituted on 04.01.2020 against the intimation u/s. 143(1) of the Income Tax Act, 1961 ("the Act") issued by DCIT, Centralized Processing Centre, Bangalore raising a demand of Rs. 2,33,313/- for Assessment Year 2018-19. According to the assessee, the said intimation was received on 07.12.2019. Subsequently, the appeal was migrated to NFAC in te....
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....ifications which granted a grace period of 5 days (which appears to have been late withdrawn recently on 08.01.2016), we are of the opinion that the ITAT's decision in this case was not correct. The assessee undoubtedly was entitled to claim the benefit and properly treat such amounts as having been duly deposited, which were in fact deposited within the period prescribed (i.e. 15 + 5 days in the case of EPF and 21 days + any other grace period in terms of the extent notification). As far as the amounts constituting deductions from employees" salaries towards their contributions, which were made beyond such stipulated period, obviously the assessee was not entitled to claim the deduction from its returns." 7. I have heard the Ld. Sr. D....