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2022 (3) TMI 617 - ITAT JAIPURAddition u/s 36(1)(va) - delayed payment of employees contribution towards PF & ESI - whether the amendment brought to Section 36(1)(va) as well as 43B of the Act is applicable retrospective or from assessment year 2021-22 as it is specifically stated in the memorandum of Finance Bill, 2021? - HELD THAT:- As relying on M/S KOGTA FINANCIAL (INDIA) LTD. VERSUS CPC, BENGALURU. [2022 (1) TMI 250 - ITAT JAIPUR] this issue was decided in favour of the assessee by holding that amendment in Section 36(1)(va) as well as Section 43B of the Act by way of inserting the explanation vide Finance Bill, 2021 are applicable only from A.Y. 2021-22 and subsequent assessment years and therefore, the said amendment is not applicable to the assessment year under consideration. Appeal of the assessee is allowed. Also see CHATRU MAL GARG VERSUS ACIT, CIRCLE – 1, FARIDABAD. [2021 (10) TMI 1282 - ITAT DELHI] - Decided against revenue.
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