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2022 (9) TMI 490 - ITAT BANGALOREDelayed ESI/PF contribution - Assessee's plea that the same has been paid before the due date of filing of Income-tax return u/s. 139(1) and after the due date prescribed in the corresponding statutes - HELD THAT:- The legislature has not only incorporated necessary amendment in Sections 36(1)(va) as well as 43B vide Finance Act, 2021 to this effect but also the CBDT has issued Memorandum of Explanation that the same applies w.e.f. 1.4.2021 only. It is further not an issue that the foregoing legislative amendments have proposed employers' contribution/disallowance u/s. 43B of the Act as against employee's contribution u/s. 36(1)(va) of the Act; respectively. The similar issue has been decided by the Hyderabad Bench in the case of M/s. Chiphercloud India Pvt. Ltd [2021 (6) TMI 1118 - ITAT HYDERABAD] and also keeping in mind the fact that the same has been clarified to be applicable only with prospective effect from 1.4.2021, we hold that the impugned disallowance is not sustainable in view of all these latest developments. The impugned ESI/PF disallowance is directed to be deleted therefore. Hence, we allow the appeal of the assessee.
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