2023 (3) TMI 1038

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s filed on the issue to determine the due date of deposit of provident fund under the relevant Act, is not justified in law and facts and circumstances of the case in confirming the addition of Rs, 182761/- on account of deposit of employee contribution of provident fund beyond the alleged due date in the relevant Act. 2. Without prejudice to ground of appeal no. 1, Id CIT(A) without appreciating the correct facts of the case in confirming addition of employee contribution of provident fund Rs. 45921/- which was in any case otherwise was deposited on 16/08/2016 within the due date being 15/08/2016 was Independence day (national * holiday) and as per General Clause Act, next working day will be the due date. 3. Brief facts of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (i) Fluid Air (India) Ltd. vs. Deputy Commissioner of Income Tax (1997) reported in 63 ITD 182 (Mumbai); (ii) Madras Radiators & Pressings Ltd. vs. Deputy Commissioner of Income Tax (1996) reported in 59 ITD 515 (Mad.); (iii) Kanoi Paper & Industries Ltd. vs. ACIT (2002) reported in 75 TTJ 448 (Cal.). 5. Without prejudice to the above contention, the Ld. Counsel for the Assessee submitted that, in one of the deposits, though the due date was 15/08/2016 and the same was deposited on 16/08/2016, since the August 15th is the holiday, the payment made on 16th August has to treated as the payment is made on time as per General clauses Act. 6. On the other hand, the Ld. DR submitted that the assessee had made the actua....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion to the employee's account in the relevant fund under any Act, rule, order or notification issued there under or under any standing order, award, contract of service or otherwise, accordingly, made addition of Rs.1,82,761/-. 10. It is now well settled law regarding delayed employee's PF contribution payment in the hands of the assessee under the provisions of Income Tax. The Hon'ble Supreme Court in the case of Checkmate (supra) held that employers have to deposit employee's contribution covers ESI and PF on or before due date to avail deduction u/s 36(1)(va) and 43B of the Act. 11. In so far as payment for due date of deposit of provident fund i.e. 15.08.2016 which was paid on the very next day i.e. 16.08.2016, considering the fa....