TMI Blog2022 (8) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... return. With the above observation, these appeals of the assessee are treated as allowed. The disallowances stand deleted - Assessee appeal allowed.. - I.T.A. Nos. 67 & 68/RAN/2021 - - - Dated:- 2-8-2022 - SHRI RAJPAL YADAV, VICE-PRESIDENT (KZ) AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER For the Appellant : Shri Akshay Ringasia, A.R. For the Respondent : Shri Pranob Koley, Sr. D.R. ORDER Per Rajpal Yadav, Vice-President (KZ):- CA Akshay Ringasia, ld. Authorised Representative of the assessee has filed an application dated 16th June, 2022 for grant of out of turn hearing. The ld. A.R. for the assessee submitted that the only issue involved in the appeals relates to confirmation of additions of Rs.8,23,764/- (f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue. Recently we have considered this aspect in ITA Nos. 531 532/KOL/2021, wherein we took note of the earlier order of ITAT, Kolkata dated 09.03.2022 whereby the Tribunal considered the impact of amendment brought into section 36(1) as well as 43B by Finance Act, 2021. The discussion made in that order read as under: 3. On due consideration of the above facts and circumstances, we find that ITAT, Kolkata has duly examined the amendment brought in by virtue of Finance Act, 2021. On the proposition and the discussion made by the ITAT in the case of Lumino Industries Limited Others read as under:- 17. Have heard both the parties. We note that the Finance Bill, 2021 has brought in an amendment which disallows the employees cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r this clause. For ready reference, we reproduce the Explanation-2 to Section 36(1 )(va) as under: Section 36(1 )(va) Explanation-2 - For the removal of doubts, it is hereby clarified that the provisions of Section 43B shall not apply and shall be deemed never to have been applied for the purpose of determining the due date under this clause 18. We find that this amendment has been brought in the Act to provide certainty about the applicability of Section 43B in respect of belated payment of employees contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon ble Supreme Court in the case of M/s Snowtex Investment Ltd. (supra) wherein the Hon ble S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, the Jurisdictional High Court s view in favor of assessee will hold good and is binding on us. As discussed the decision of the Hon ble Delhi High Court in Bharat Hotels Ltd. (supra) which was in favor of revenue has not considered the decision of the Co-ordinate Division Bench decision in M/s Aimil Ltd.(supra) which is in favour of assessee. So we note that later decision of the Delhi/Hyderabad Tribunal have followed the decision favouring assessee in the light of the Hon ble Supreme Court decision in M/s Vegetable Products (supra). In the light of the aforesaid decision and relying on the ratio of the Hon ble Supreme Court in the case of Vatika Township Pvt. Ltd. (supra) and M/s Snowtex Investment Ltd. (supra) and also taking note of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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