- (1.) The defect pointed out by the office is over ruled. This appeal has been filed by the Revenue aggrieved by the order dated 16.12.2011 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur ('ITAT') in ITA No.351/JU./2010 for the assessment year 2006-07, whereby, the appeal filed by it against the order dated 15.03.2010 passed by the Commissioner of Income Tax (Appeals), Udaipur ['CIT (A)') has been dismissed.
(2.) The facts in brief are that the assessee is engaged in the business of dairy product, processing and marketing of milk and milk product and cattle feed etc. It filed its return of income for the assessment year 2006-07 on 30.10.2006 declaring total income of Rs.9,80,723/-. While completing the assessment under Section 143(3) of the Income Tax Act, 1961 ('the Act') vide its order dated 26.12.2008 the Assessing Officer (AO) noticed that the assessee had deposited payment of Rs.14,60,412/- in the PF fund and Rs.973/- in the ESI fund with delay that is the said payments were deposited after the due dates i.e. after 15 th next month and, therefore, added the said amount to the income of the assessee as per the provisions of Section 36(1)(va) read with Section 2(24)(x) of the Act.
(3.) Aggrieved by the assessment order dated 26.12.2008, the assessee filed an appeal before the CIT(A), who, vide its appellate order dated 15.03.2010 after noticing certain judgments came to the conclusion that it is a settled position of law that where payments on account of contribution to the PF, ESI etc. are made within the due date of filing the return, such deductions are allowable. It was further noticed that it was not in dispute that the PF contribution and ESI was deposited by the appellant before the due date of filing the return and, consequently, the CIT(A) deleted the dis-allowance made by the AO and granted a relief of Rs.14,61,385/-.;