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2022 (4) TMI 223 - ITAT BANGALOREEmployees' contribution to PF and ESI - Delayed payment - scope of amendment to section 36(1)(va) and 43B - HELD THAT:- An identical issue was considered by the Tribunal in the case of The Continental Restaurant & Cafe Co. v. ITO [2021 (10) TMI 843 - ITAT BANGALORE] held that amendment to section 36(1)(va) and 43B of the I.T. Act by Finance Act, 2021 will not have application for the relevant assessment year, namely A.Y. 2019-2020 - grant deduction in respect of employees' contribution to PF and ESI since the assessee has made payment before the due date of filing of the return of income u/s. 139(1) Hon'ble jurisdictional High Court in case of Essae Taroka (P.) Ltd. [2014 (3) TMI 386 - KARNATAKA HIGH COURT] and Spectrum Consultants India (P.) Ltd. [2013 (7) TMI 414 - KARNATAKA HIGH COURT] has affirmed the above view. In view of the judicial pronouncements cited supra, we hold that the amendment to section 36(1)(va) and 43B of the I.T. Act will not have application for the relevant assessment year, namely assessment year 2019-2020. Accordingly, we direct the A.O. to grant deduction in respect of employees' contribution to PF and ESI since the assessee has made the payment before the due date of filing of return u/s. 139(1) of the I.T. Act. It is ordered accordingly.
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