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2022 (10) TMI 1028 - AT - Income TaxDelayed deposit of ESI & PF - Scope of amendment to section 43B - HELD THAT: - We are in agreement with the view taken by the coordinate Bench of Kolkata in the case of Lumino industries Ltd. [2021 (11) TMI 926 - ITAT KOLKATA] that the amendment brought to the statute by Finance Act 2021 is applicable from AY 2020-21 onwards and the present appeal pertains to AY 2018-19. In the present case, undisputedly, the assessee deposited amount of ESI & PF before due date of filing of return and impugned disallowance has been made by CPC while processing the return of income u/s 143(1) of the Act. In the similar situation the coordinate Bench of the Tribunal in the case of Kalpesh Synthetics (P) Ltd. [2022 (5) TMI 461 - ITAT MUMBAI] observed that the scope of prima facie disallowance u/s 143(1) of the Act is inherently very limited and only such disallowance can be made under this statutory provision as can be conclusively held to be inadmissible based on material on record. Appeal filed by the assessee is allowed.
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