End Of Picture Text -----<Br> v. Pro Interactive Service (India) Pvt. Ltd
High Court
10 Sep 2018 In favour of: Unclear
Forum / Bench
High Court · dhcdb
Parties
End Of Picture Text -----<Br> v. Pro Interactive Service (India) Pvt. Ltd
Date of order
10 Sep 2018
Assessment year(s)
—
Outcome
Allowed
The order — as passed by the High Court
Case summary
In End Of Picture Text -----<Br> v. Pro Interactive Service (India) Pvt. Ltd, the High Court (2018) allowed the appeal.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 983/2018 PR. COMMISSIONER OF INCOME TAX-7 ..... Appellant
Through: Mr. Sanjay Kumar, Advocate. Versus
PRO INTERACTIVE SERVICE (INDIA) PVT. LTD. .. Respondent
Through: Mr. Ravi Gupta, Mr. P.C. Yadav and
Ms. Neha Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R
%
10.09.2018
In view of the judgement of the Division Bench of Delhi High Court in Commissioner of Income-Tax versus Aimil Limited, (2010) 321 ITR 508 (Del) the issue is covered against the Revenue and, therefore, no substantial question of law arises for consideration in this appeal.
The legislative intent was/is to ensure that the amount paid is allowed as an expenditure only when payment is actually made. We do not think that the legislative intent and objective is to treat belated payment of Employee's Provident Fund (EPD) and Employee's State Insurance Scheme (ESI) as deemed income of the employer under Section 2(24)(x) of the Act.
Appeal is dismissed.
SANJIV KHANNA, J.
SEPTEMBER 10, 2018 MR
CHANDER SHEKHAR, J.
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