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2. That the ld. CIT(A) has erred on facts & in the circumstances of the case in deleting the disallowance of the employees' contributions to VPF amounting to Rs. 2,32,95,170/- (comprised of Rs. 1,82,98,490/- deposited after the due dates under Explanation to section 36(1)(va) but before end of the relevant previous year and Rs. 49,96,680/- (Rs.25,05,265 + 24,91,415) deposited on 10.01.2006 i.e. , after the due date of filing return u/s 139(1) as the same were not deposited to the credit of the employees' PF a/cs within the due dates of 15 days from the close of the month as required under Explanation to section 36(1)(va) read with Paragraph 36(1) of the Employees' Provident Fund Scheme, 1952 and ; therefore , the relief allowed by him on this issue is unjustified on facts and in law.

8. Aggrieved by re-assessment framed by the AO , the assessee filed first appeal before learned CIT(A) and submitted as under.:-

"The Ld. A.R. for the appellant has submitted as under- "As per clause (1) of Paragraph 38 of Employee's Provident Fund Scheme, 1952, Employee's contribution deducted is to be deposited together with employer's contribution within 15 days of the close of the month.
Following the apex court judgment in the case of CIT vs. M/s Alom Extrusions Limited (2009) 319 ITR 306 (SC) and judgment of Allahabad High Court in the case of CIT vs. Manoj Kumar Singh (2012), it is clear that after withdrawal of Second Proviso to Sec. 43B of the Act by Finance Act, 2003 w.e.f. 01.04.2004, the contribution to Provident fund/ VPF is allowable for deduction if it is deposited on or before the due date of furnishing of return of income u/s 139(1) of the Act. We submit that in our case, contribution amounting to Rs. 49,96,680/- out of total contribution of Rs. 232,95,170/- has been deposited on 10.01.2006 after the due date of furnishing of return of income i.e. ITA No.147 and 148/ALLD/2016 Bharat Pumps & Compressors Ltd.