Alternate claim of delayed payment of PF & ESIC u/s. 37(1) not accepted

Diebold Nixdorf India Private Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that as per section 36(1)(va) delayed payment of PF & ESIC has to be treated as income of the assessee. Hence, alternate claim of deduction of the same u/s. 37(1) of the Act is not acceptable. Facts- During assessment proceedings, AO noticed that payment towards employees contribution to PF & ESIC was not made within due date and hence the same was liable to be disallowed. First Appellate Authority sustained the same. However, assessee has made alternate deduction of the same under section 37 of the Income Tax ...