Deduction allowed if assessee remits the employee’s contribution to Provident Fund/ESI within the due date mentioned

Last updated: 24 February 2021

Court :
ITAT Hyderabad

Brief :
This appeal is filed by the assessee against the order of the Ld. CIT (A)-1, Hyderabad in appeal No.0174/CIT(A)-1, Hyd/2017-18/2018-19, dated 03/10/2018 passed U/s. 143(3) r.w.s 250(6) of the Act for the AY 2015-16.

Citation :
ITA 237/Hyd/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCH “B”, HYDERABAD

BEFORE SHRI A. MOHAN ALANKAMONY,
ACCOUNTANT MEMBER
AND
SHRI S.S. GODARA, JUDICIAL MEMBER

ITA No.237/Hyd/2019
(AY: 2015-16)

Café D Lake Private Limited,
Hyderabad.
PAN: AACCC 2044 F
(Appellant)

Vs.

Income Tax Officer,
Ward-1(4),
Hyderabad.
(Respondent)

Assessee by:Shri P. Murali Mohana Rao
Revenue by:Shri Rohit Mujumdar, DR

Date of hearing:12/01/2021
Date of pronouncement:03/02/2021

ORDER

PER A. MOHAN ALANKAMONY, AM:

This appeal is filed by the assessee against the order of the Ld. CIT (A)-1, Hyderabad in appeal No.0174/CIT(A)-1, Hyd/2017-18/2018-19, dated 03/10/2018 passed U/s. 143(3) r.w.s 250(6) of the Act for the AY 2015-16.

2. The assessee has raised several grounds in its appeal; however the cruxes of the issues are that:-

1. The Ld.CIT(A) has erred in upholding the order of Ld.AO, who had made addition of Rs.10,27,979/- and Rs. 2,24,261/- U/s. 36(i)(va) of the Act, being the employee’s contribution to provident fund and ESI respectively which was deducted from the employee’s salary and not remitted into the Government treasury within the period stipulated under the relevant Act.

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