2022 (7) TMI 488

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....nds inter alia that:- "1) In the facts and circumstances of the case and in law the Assessing Officer erred in adding Rs. 6,68,547/- on account of alleged delay in payment towards Provident Fund, ESIC and any Other Welfare Fund u/s. 36(1)(va) r.w.s. 43B and 2(24)(x) of the Act thereby a) Disregarding the case laws of Bombay High Court and Supreme Court etc. b) By overlooking the fact that even though the same is paid on or before due date of filing of return. c) By disregarding the judgment of Jurisdictional High Court of Bombay in the case of Ghatge Patil Transports Ltd. 368 ITR 749 and Hind Filter Ltd. 90 taxmann.com 51 (Bombay) and Atom Extrusions Ltd. [2009] 319 ITR 306 (SC). d) By disregarding the fact that the judgment of Ju....

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..... 3,85,27,980/- respectively which was subjected to scrutiny. Assessing Officer (AO) noticed from form 3CD furnished by the assessee that some payment to the tune of Rs. 6,68,547/- on account of Provident Fund PF & ESIC were made late by the assessee. 3. Declining the contention raised by the assessee that the payments have been made well before the date of filing the return, AO proceeded to disallow the late payment of Rs. 6,68,547/- made by the assessee on account of PF & ESIC under section 2(24)(X) read with section 36(1)(va) of the Income Tax Act, 1961 (for short 'the Act'). 4. Assessee carried the matter before the Ld. CIT(A) by way of filing appeal who has upheld the disallowance made by the AO by dismissing the appeal. Feel....

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.... the due date prescribed under the Act. But at the same time it is admitted fact on record that the said payment has been deposited well before the date of filing the return of income by the asses see company. 8. Identical issue has been decided by the Hon'ble Bombay High Court in case of CIT V. Ghatge Patil Transporters Ltd. 368 ITR 749 by confirming the order passed by the Tribunal that deduction claimed by the asses see on account of employees contribution to PF & ESIC well before the due date of filing return of income is allowable deduction. 9. Hon'ble High Court of Bombay in case of Ghatge Patil Transporters Ltd. (supra) held that both employees' and employer's contribution are covered under amendment to section 43B ....