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2021 (9) TMI 1317 - AT - Income TaxDelayed payment of employees’ contribution towards PF & ESI - Scope of amendment/explanation brought in by Finance Act, 2021 - HELD THAT:- It is an admitted fact which has not been disputed by either by the AO or the Ld. CIT(A) that the assessee has remitted the employees’ contribution towards PF & ESI before filing of return u/s. 139(1) of the Act. Having taken note of this fact and also the fact that this Tribunal has already taken a view that the amendment brought in by Finance Act, 2021 on this issue has been held to be prospective in nature in the case of Shri Harendra Nath Biswas [2021 (7) TMI 942 - ITAT KOLKATA], therefore, we reiterate the same view that the amendment/explanation brought in by Finance Act, 2021 with effect from 01.04.2021 on this issue is prospective; and taking note that the relevant assessment years are 2019-20 and 2018-19, the ibid explanation brought in by Finance Act, 2021, cannot be used/applied to unsettle the settled position of law passed by the Hon’ble jurisdictional High Court in the case of Vijayshree Ltd. [2011 (9) TMI 30 - CALCUTTA HIGH COURT] since there is no retrospective legislative over-ruling. Therefore, we are inclined to allow the appeals of the assessee by following our own decision in Harendra Nath Biswas (supra). - Decided against revenue.
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