2021 (10) TMI 1294

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....turn of income for A.Y. 2019-20 on 11.10.2019 declaring total income of Rs. 20,61,810/-. In the intimation issued u/s 143(1) of the Act dated 28.02.2021, the total income from business and profession was determined at Rs. 18,13,404/- as against the returned income of Rs. 11,18,941/- inter alia by making disallowance of Rs. 6,94,463/- on account of delayed deposit of employees' contributions towards PF/ESIC. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who in the order dated 25.05.2021 in Appeal No. CIT(A), Gurgaon-1/12046/2019-20 upheld the order of AO. Aggrieved by the order of CIT(A), assessee is now in appeal before me and has raised the following grounds : 1. "The Ld. ADIT has erred in law and on facts i....

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....t showing delay in deposit of employees' contribution towards PF/ESIC at page 13 of the paper book and from the aforesaid table, he submitted that though there has been delay in deposit of PF/ESIC Contributions but all the contributions received by the assessee have been deposited with the appropriate authorities before the filing of return of income by the assessee. He therefore submitted that since the amounts have been deposited before filing the return of income, no disallowance is called for and for aforesaid proposition, he relied on the decision in the case of Azamgarh Steel & Power vs CPC in ITA No.1626/Del/2020 dated 31.05.2021 and CIT vs. AIMIL Ltd. [2010] 188 Taxman 265 (Delhi) and various other decisions. 6. Learned DR on ....