TaxTMI 
TaxTMI 
2022 (8) TMI 672
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....eferred to as 'the Act') relating to the Assessment Year (A.Y) 2016-17. 2. Registry has noted that there is a delay of 87 days in filing appeals by the assessee before the Tribunal. The appeal is filed before the Tribunal on 07.07.2020 whereas the appeal ought to have been filed on or before 23.06.2020 This period falls under COVID-Pandemic situation, thus following Hon'ble Supreme Court judgment dated 23.3.2020 in suo moto Writ Petition (Civil) No. 3 of 2020, vide Hon'ble Supreme Court has extended time limit for filing appeals w.e.f. 15.3.2020. Thus, there is no delay in filing the above appeal, and we take the appeal of the assessee for adjudication on merits. 2.1. The brief facts of the case is that the assessee is a G....
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....ment. It is submitted that it be so held now. The learned CIT(A) erred on facts and in law by assuming that the opportunity was given to the appellant in view of the fact that the statutory notices under Section 143(2) and 142(1) were issued. It is submitted that it be so held now. 2. The learned CIT(A) erred on facts and in law in confirming the addition made by the AO amounting to Rs. 53,23,752 while computing the total income of the appellant in respect of delayed payment of employee's contribution to ESI and Provident Fund under section 36(1)(va) of the Income-tax Act, 1961 ("the Act") despite the fact that the said contribution has already been made on or before the due date of filing return of income and accordingly allowable un....
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.... Fund Organization (EPFO) has withdrawn grace period of 5 days for depositing the dues with effect from February, 2016. EPFO has earlier issued a circular on 8th January, 2016 to this effect. In a communication to employers, EPFO has informed that the dues for the month of Jan, 2016 are to be paid by 15th February 2016. In view of availability of technological tools to the employers, the concession of 5 days has outlived its basic purpose and utility. Accordingly, the concession of grace period of 5 days available to the employers for depositing the contribution and other dues has been withdrawn. Employers are required to pay the contributions and administrative charges within fifteen days of close of every month as per the provisions of ....
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....important establishment in this regard, through local press releases, emails and at appropriate forums. 6. The Ld. Counsel also produced a list of monthwise payments made of the EFP and actual due dates payment ought to have been made by the assessee during May, 2015 to March, 2016. In many of the instances, the payments have been made well within the grace period of 5 days by the assessee. However this has not been considered by the Assessing Officer and made disallowance of Rs. 53,23,752/-. In fact the assessee itself in its Audit Report have made disallowance of Rs. 14,30,590/-. Therefore, it was pleaded by the Ld. Counsel that in the interest of justice, the matter may be remitted back to the file of the Assessing Officer for verifica....