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2021 (11) TMI 1017 - AT - Income TaxLate ESI/PF payments - Payment before filing of the return u/s 139(1) in 2018-19 assessment year - HELD THAT:- As we read from the Notes on Clauses at the time of introduction of the Finance Act, 2021 and have held that the amendment is applicable in relation to the assessment year 2021-22 and subsequent years and not retrospectively. Thus, in view of this legal position as considered in the case of CIT Vs Nuchem Limited [2010 (2) TMI 959 - PUNJAB AND HARYANA HIGH COURT] and CIT Vs Hemla Embroidery Mills Pvt. Ltd. [2013 (2) TMI 41 - PUNJAB AND HARYANA HIGH COURT] we are of the view that the additions cannot be made or sustained on the strength of the amendment effected by Finance Act, 2021 to Sections 36(1)(va)/43B of the Act as the legal position thereon is very clear. The departmental stand that it is clarificatory in nature has consistently been rejected. We find that the claim of the assessee is to be allowed in the year under consideration which is 2018-19 assessment year. The impugned order, accordingly, is set aside and the AO is directed to delete the disallowance. The appeal of the assessee is allowed.
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