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2021 (10) TMI 1282 - AT - Income TaxNon-deposit of the employees’ contribution towards PF/ESIC before the prescribed due dates - disallowance u/s 36(1) - HELD THAT:- It is an undisputed fact that there has been slight delay in the deposit of employees’ contribution of PF and ESI by the assessee and the contribution have been deposited beyond the due date prescribed by the relevant authorities but at the same time it is also a fact that the amounts have been deposited with the appropriate authorities by the assessee before filing the return of income for the relevant assessment year. Co-ordinate Bench of Tribunal in the case of Indian Geotechnical Services [2021 (9) TMI 182 - ITAT DELHI] has held that amendment made by Finance Bill 2021 shall take effect from 1st April 2021 and will accordingly apply to A.Y. 2021-11 and subsequent years. In the present case assessment year involved is 2018-19 and therefore following the aforesaid decision in the case of Indian Geotechnical Services (supra), amended provisions would have no application to the case under consideration. Before me, Learned DR has relied on the decision in the case of Vedvan Consultants Pvt. Ltd. [2021 (8) TMI 1219 - ITAT DELHI]. It is settled law that when two judgments are available giving different views then the judgment which is in favour of the assessee shall apply as held in case of Vegetable Products Ltd. [1973 (1) TMI 1 - SUPREME COURT]by the Hon’ble Supreme Court - no addition u/s 36(1)(va) of the Act is called for in the present case. - Decided in favour of assessee.
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