The Commissioner Of Income Tax v. M/S Ess Ess Kay Engg. Co. Pvt. Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.427 of 2010 Date of decision: 14.9.2010 The Commissioner of Income Tax. Vs. M/s Ess Ess Kay Engg. Co. Pvt. Ltd. -----Appellant. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Mr. Vivek Sethi, Advocatefor the appellant. for the appellant. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the assesseeunder Section 260-A of the Income Tax Act, 1961 (for short, “theAct”) against the order dated 18.12.2009 of the Income TaxAppellate Tribunal, Chandigarh in I.T.A. No.414(ASR)/2009 forthe assessment year 2006-07 proposing to raise followingsubstantial questions of law:- “IWhether on the facts and in the circumstances of the case,the Hon’ble ITAT was right in law in dismissing the appealof the revenue, by relying upon the order of Hon’ble ITATin the case of Proxima Steel Forge Pvt. Ltd., holding thatthe contribution of employees towards PF/ESI is coveredunder section 43B of the Income Tax Act, 1961 and thepayment in respect of these contributions can bemade upto the date of filing of the return under section138(1) of the Income Tax Act, 1961.”the Hon’ble ITAT was right in law in dismissing the appealof the revenue, by relying upon the order of Hon’ble ITATin the case of Proxima Steel Forge Pvt. Ltd., holding thatthe contribution of employees towards PF/ESI is coveredunder section 43B of the Income Tax Act, 1961 and thepayment in respect of these contributions can bemade upto the date of filing of the return under section138(1) of the Income Tax Act, 1961.” IIWhether on the facts and in the circumstances of the case,the Hon’ble ITAT was right in law in holding so, when theemployees contribution deducted by the employerbecomes employer’s income under section 2(24)(x) of theIncome Tax Act, 1961 and is admissible for deductionunder section 36(1)(va) of the Income Tax Act, 1961subject to its payment within the due dates under therelevant enactments.?” the Hon’ble ITAT was right in law in holding so, when theemployees contribution deducted by the employerbecomes employer’s income under section 2(24)(x) of theIncome Tax Act, 1961 and is admissible for deductionunder section 36(1)(va) of the Income Tax Act, 1961subject to its payment within the due dates under therelevant enactments.?” 2. It is not disputed that same issue was gone into by thisCourt in I.T.A No.325 of 2009 CITv. M/s Lakhani India Ltd.on16.11.2009 and decided against the revenue. 3. Accordingly, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE September 14, 2010ashwani ( AJAY KUMAR MITTAL ) JUDGE