2003 (8) TMI 157

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....e is directed against the order of the CIT(A)-III, Baroda, for asst. yr. 1994-95. The grounds of the appeal read as under: "On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in- (i) in deleting the disallowance of Rs. 76,576 made on account of late payment of ESI and PF. (ii) in deleting the disallowance of interest of Rs. 13,131 on deposits held as un....

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....ce of Rs. 76,576 on account of ESI and PF payments. The facts of the case are that the appellant paid these amounts late for the months of December, 1993 to March, 1994, and for the months of May, June, 1993, August, 1993, etc. In view of these facts, the AO disallowed a sum of Rs. 76,576 under s. 36(1)(va) of the IT Act. During the course of appeal, it was argued that there was no delay in deposi....

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....lowance is deleted." 4. We have heard the rival submissions of both the parties. During the course of proceedings, the assessee has submitted the chart which reads as under: PF     Month Employee's contribution (Rs.) Employer's contribution (Rs.) Dec., 1993 7,767 8,573 Jan., 1994 7,554 8,330 Feb., 1994 7,397 8,148 March, 1994 -- 8,....