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2021 (9) TMI 218 - AT - Income TaxDelayed payment of Employees' Contribution to ESI & Provident Fund - Addition invoking the provisions of Section 36(1)(va) -assessee submitted that the Employees’ Contribution towards Provident Fund and ESI had been deposited with in the time limit prescribed under section 139(1) - HELD THAT:- In the present case it is not in dispute that the assessee deposited the amount in question before filing the return of income therefore, it was allowable deduction under section 43B of the Act. It is noticed that a similar issue having identical facts has been decided in the case of Hotel Surya [2021 (9) TMI 209 - ITAT CHANDIGARH] wherein held second proviso to section 43B of the Income-tax Act, 1961, omitted by the Finance Act, 2003, with effect from April 1, 2004, was clarificatory in nature and was to operate retrospectively. Thus, the assessee, for the assessment year 2003-04, was entitled to deduction in respect of the employer's and employees' contributions to the employees' State Insurance and provident fund as the contributions had been deposited prior to the filing of the return under section 139(1) - Decided in favour of assessee.
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