2016 (5) TMI 1590

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....against the order dated 10-09-2014 of the CIT(A)-I, Pune relating to Assessment Year 2010-11. 2. Facts of the case, in brief, are that the AO during the course of assessment proceedings noticed from the tax audit report that the assessee has made belated payment of employees' contribution to PF and ESI in contravention of the provisions of section 36(1)(va) of the I.T. Act, 1961. The AO asked the....

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.... him, the employees' contribution and payment thereof is not covered by section 43B but is governed by the provisions of section 36(1)(va) r.w.s. 2(24)(x) of the I.T. Act. Since the contributions were paid belatedly, the AO disallowed an amount of Rs.5,12,976/- and added the same to the total income of the assessee. 4. Before the CIT(A) the assessee reiterated more or less the same arguments. Rel....

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....ons the CIT(A) held that the addition made by the AO in the case of belated payment of PF contribution of employees amounting to Rs.5,12,976/- is justified. 6. Aggrieved with such order of the CIT(A) the assessee is in appeal before us. 7. The Ld. Counsel for the assessee at the outset filed a copy of the decision of Hon'ble Bombay High Court in the case of CIT Vs. Ghatge Patil Transports vide I....

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....e AO on account of delayed payment of employees' contribution to PF and ESI. He accordingly submitted that the issue stands covered in faovur of the assessee since admittedly the assessee has deposited the employees' contribution to PF before the due date of filing of the return of income u/s.139(1). 8. The Ld. Departmental Representative on the other hand heavily relied on the order of the CIT(A....