2022 (10) TMI 601

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....x Act (hereinafter referred to as the 'Act'). The assessee in this appeal has taken the following grounds of appeal: "1. For that under the facts and circumstances of the case, the order issued by the CIT(A), NATIONAL FACELESS APPEAL CENTRE u/s 250 disallowing employee benefit expenses shall be treated void ab initio. 2) For that the order issued u/s 250 disallowing expenditure towards employee benefit, be treated as void ab initio, arbitrary and bad in law. 3) For that order passed by the CIT(A) disallowing Rs.56,98,663 is disputed, arbitrary and bad in law. 4) For that The CIT(A) erred in passing the order merely considering sec36(6r of Part A -OI) and Sec 37(7k of part-A-OI) and without considering Sec -43B 5) For that the ....

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....s of appeal raised by the assessee is against the Ld. CIT(A) in confirming the action of AO who disallowed/added back a sum of Rs. 1,10,62,263/- on account of delayed deposit of employees contribution to PF and ESI u/s 36(1)(va) read with Section 2(24)(x) of the Income Tax Act, 1961 ( hereinafter referred to as the Act) despite the assessee contributing/depositing the same before the due date of filing of return of income u/s 139(1) of the Act. 3. Brief facts of the case is that the CPC while processing the return disallowed/added Rs. 1,10,62,263/- on the ground that employees contribution to employees provident fund (EPF) and ESI fund has been deposited beyond the due date applicable under the provision of ESI Act, 1948 and EPF Act by i....

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....yshree Ltd. supra wherein the Hon'ble Calcutta High Court has taken note of the Hon'ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon'ble Calcutta High Court's decision in Vijayshree Ltd. supra is reproduced as under: "This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, "A" Bench, Kolkata in ITA No. 1091/Kol/2010 relating to assessment year 2006-07 by which the Tribunal dismissed the appeal preferred by the Revenue against the order of CIT(A). The only issue involved in this appeal is as to whether the deletion of the addition by the AO on account of Employees 'Contribution to ESI and PF by invoking t....