2022 (5) TMI 1337

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.... by the learned CIT(A) on account of belated payment of employees' contribution towards PF & ESI made after the due dates specified in the relevant statute. 2. The assessee, in the present case, is an HUF which filed its return of income for the year under consideration on 17.10.2016 declaring a total income of Rs.6,72,948/-. On the basis of disallowance made on account of delayed payment of employees' contribution towards PF & ESI in the assessments completed in assessee's own case for AYs 2014-15 and 2015-16 under Section 143(3) of the Income-tax Act, 1961 ("the Act" in short), the assessment for the year under consideration was reopened by the Assessing Officer after having noticed that similar contribution paid belatedly towards PF &....

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....taxmann.com 100 (Guj.). Aggrieved by the order of the learned CIT(A), the assessee has preferred this appeal before the Tribunal. 5. At the time of hearing fixed in this case today, none has appeared on behalf of the assessee. However, keeping in view that the solitary issue involved in this appeal of the assessee is squarely covered in favour of the Revenue and against the assessee by the decision of Hon'ble jurisdictional High Court in the case of Gujarat State Road Transport Corporation (supra), as rightly pointed out by the learned DR, we proceed to dispose of this appeal ex-parte qua the assessee. It is observed that in the case of Gujarat State Road Transport Corporation (supra), the Hon'ble jurisdictional High Court has decided a ....

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....rred to in section 28 with respect to such sum credited by the assessee to the employees' account in the relevant fund or funds on or before the "due date" mentioned in explanation to section 36(1)(va). Consequently, it is held that the learned tribunal has erred in deleting respective disallowances being employees' contribution to PF Account / ESI Account made by the AO as, as such, such sums were not credited by the respective assessee to the employees' accounts in the relevant fund or funds (in the present case Provident Fund and/or ESI Fund on or before the due date as per the explanation to section 36(1)(va) of the Act i.e. date by which the concerned assessee was required as an employer to credit employees' contributio....