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2022 (5) TMI 1555 - AT - Income TaxDelayed employees contribution of PF and ESI - assessee deposited contribution with the state exchequer well before the filing of return of income as is evident from the tax audit report - HELD THAT:- As in case of CIT V. Ghatge Patil Transporters Ltd. [2014 (10) TMI 402 - BOMBAY HIGH COURT] by confirming the order passed by the Tribunal that deduction claimed by the assessee on account of employees contribution to PF & ESIC well before the due date of filing return of income is allowable deduction. Since the amended provisions contained under section 43B read with section 36(1)(va) of the Act are not applicable for the year under consideration i.e. A.Y. 2018-19 as the amendment will be effective from A.Y. 2021-22 and the AO/ Ld. CIT(A) have erred in disallowing the same. Resultantly, impugned order passed by Ld. CIT(A) is not sustainable in the eyes of law hence set aside and AO is directed to allow the employees’ contribution deposited by the assessee well before filing the return of income - Appeal of assessee allowed.
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