DCIT Vs Andhra Prabha Publications Ltd. (ITAT Hyderabad)
It is a settled position of law that though the assessee paid the contributions towards ESIC and PF beyond the due date, but, before the filing of the return of income, no disallowance can be made in this regard. The Hon’ble Delhi High Court in CIT VS. Aimil Ltd. & Ors. [(2010) 321 ITR 508 (Del)] has held that if the employees’ share of contribution is paid before the due date of filing the return u/s 139(1) of the Income-tax Act, 1961 then no disallowance can be made.
FULL TEXT OF THE ITAT JUDGMENT
This appeal is filed by the Revenue against the order of CIT(A) – 1, Hyderabad, dated 27/03/2017 for AY 2009-10.
2. Brief facts of the case are that the assessee, engaged in the business of printing and publication of newspapers and magazines, filed its return of income on 30/09/2009 declaring income of Rs. 71,82,352/-. The case was selected for scrutiny and order u/s 143(3) was passed on 31/10/2011 determining the assessed income at Rs. 82,74,231/-. The CIT-1, Hyderabad, powers vested u/s 263, set aside the assessment order vide his order dated 18/03/2014 stating that on verification of the assessment records, it was seen that the AO had failed to examine the following issues and completed the assessment:
