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2022 (9) TMI 1469 - AT - Income TaxDelayed employer and employee contribution to PF - assessment u/s 143(1) - contribution paid after due date prescribed under relevant Provident Fund Ac but before due date of filing of return of income - HELD THAT:- We find that issue-in-dispute is covered in favour of the assessee as relying on case of DCIT v. M/s Maharashtra Tourism Development Corporation Ltd[2021 (7) TMI 1389 - ITAT MUMBAI] disallowance is not sustainable in view of all these latest developments as the legislative amendments incorporated in section 36(1)(va) and 43B of the Act by the Finance Act, 2021 by inserting explanation 2 and explanation 5 to the respective provisions, are prospective in application with effect from 01.04.2021. No disallowance for delayed payment of PF could be made in the case of the assessee u/s 143(1) of the Act being debatable issue. Decided in favour of assessee.
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