Held that late deposit of employee contribution towards ESIC/EPF Payment was made before due date of filing of return was held to be allowable as deduction. Allowable as deduction. CIT (A) ought to have followed the jurisdictional High Court in Sagun Foundry (P.) Ltd. v. CIT (2017) 78 taxmann.com 47 (All) (HC) instead of Gujarat High Court in CIT v. Gujarat State Road Transport Corpn. (2014) 223 Taxman 398/ 366 ITR 170 (Guj) (HC). (AY. 2018-19, 2019-20)
Mahadev Cold Storage v. Jurisdictional Assessing Officer (2021) 190 ITD 273 / 212 TTJ 891 / 205 DTR 145 (Agra)(Trib.)
S. 43B : Deductions on actual payment-Late deposit of employee contribution towards ESIC/EPF-Payment was made before due date of filing of return-Allowable as deduction-CIT (A) was not justified in denying deduction by relying upon non-jurisdictional High Court’s decision. [S. 36(1)(va), 144B, 250]