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M/S. Shriram Chits Pvt.Ltd.,, ... vs Department Of Income Tax on 28 June, 2012 cites

Commr. Of Income Tax-Ii, Gauhati vs Vinay Cement Ltd. on 7 March, 2007

13. In Ground No.5, the revenue challenged the deduction allowed by the CIT (A) towards contribution to PF and ESI u/s 36(1)(ba). Briefly the facts are during the relevant previous year, in course of assessment proceedings the AO found from the report submitted in form 3CD that the assessee has not remitted the employees contribution towards PF amounting to Rs.25,97,844 and employees' contribution towards ESI amounting to Rs.76,770 within the due dates. He therefore concluded that since the assessee has not remitted contribution towards PF and ESI within the due dates, the same cannot be allowed as deduction u/s 36(1)(ba). Before the first appellate authority, the assessee submitted that the contribution towards PF and ESI were paid before the due date of filing of return, therefore, no disallowance could be made and CIT (A) following the decisions of the Hon'ble Supreme Court in the case of CIT vs. Vinay Cement Ltd., ( 213 CTR 268) which has been followed by the Hon'ble Delhi High Court in the case of CIT Vs. AIMIL Limited in ITA No.1063/Hyd/2006, 755 and 1246 of 2008 etc., dated 23- 12-2009, held that if the contributions towards PF and ESI have been paid before due date of filing of return, no addition could be made.
Supreme Court of India Cites 0 - Cited by 365 - Full Document

Commissioner Of Income Tax vs Aimil Limited on 23 December, 2009

13. In Ground No.5, the revenue challenged the deduction allowed by the CIT (A) towards contribution to PF and ESI u/s 36(1)(ba). Briefly the facts are during the relevant previous year, in course of assessment proceedings the AO found from the report submitted in form 3CD that the assessee has not remitted the employees contribution towards PF amounting to Rs.25,97,844 and employees' contribution towards ESI amounting to Rs.76,770 within the due dates. He therefore concluded that since the assessee has not remitted contribution towards PF and ESI within the due dates, the same cannot be allowed as deduction u/s 36(1)(ba). Before the first appellate authority, the assessee submitted that the contribution towards PF and ESI were paid before the due date of filing of return, therefore, no disallowance could be made and CIT (A) following the decisions of the Hon'ble Supreme Court in the case of CIT vs. Vinay Cement Ltd., ( 213 CTR 268) which has been followed by the Hon'ble Delhi High Court in the case of CIT Vs. AIMIL Limited in ITA No.1063/Hyd/2006, 755 and 1246 of 2008 etc., dated 23- 12-2009, held that if the contributions towards PF and ESI have been paid before due date of filing of return, no addition could be made.
Delhi High Court Cites 24 - Cited by 485 - A K Sikri - Full Document
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