2024 (7) TMI 28

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....rman, Addl. CIT-Sr. DR ORDER PER SANJAY GARG, JUDICIAL MEMBER: The present appeal has been preferred by the assessee against the order dated 02.02.2024 of the National Faceless Appeal Centre [hereinafter referred to as 'CIT(A)'] passed u/s 250 of the Income Tax Act (hereinafter referred to as the 'Act'). 2. The assessee in this appeal has taken the following grounds of appeal: ....

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....('ESI') by invoking section 36(1)(va) of the Act. 4. At the outset, the ld. counsel for the assessee has submitted that the deposits towards PF and ESI totalling to Rs. 85,23,450/- consist of employees' contribution and employer's contribution. The Assessing Officer treated the entire amount as employees' contribution towards Provident Fund and Employees State Insurance. He disallowed the entir....

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.... Act, the Assessing Officer will allow the same accordingly. 5.1 However, so far as the delayed deposit of employees' contribution to PF/ESI is concerned, the ld. Counsel has not pressed the issue in view of the decision of the Hon'ble Supreme Court in 'Checkmate Services Pvt. Ltd. Vs. CIT' reported in (2022) 143 taxmann.com 178 (SC) dated 12.10.2022, wherein, it has been held that deduction u/....