1 itxa4990-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4990 OF 2010 Commissioner of Income Tax - IV, Pune ..Appellant. Versus Shri Shankar Sahakari Sakhar Karkhana Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.S.N. Inamdar for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 17th January, 2011. P.C. : 1. Not on board. Taken up on board by consent of the parties. 2. The question of law raised in the appeal is whether the Tribunal was justified in allowing the claim of the assessee under Section 36(1)(va) of the Income Tax Act, 1961 in spite of the delay in depositing the amount as per Article 38 of the Employees Provident Fund Scheme, 1952. The finding of fact recorded in this appeal is that the amount was deposited within the grace period prescribed under the Scheme. The above question is covered against the Revenue and in favour of the assessee by the decision of the Apex Court in the case of Commissioner of Income Tax V/s. Alam Extrusions Limited reported in 319 ITR 306. 3. In the result, we see no merit in the appeal and the same is hereby dismissed. No costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)