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2021 (10) TMI 753 - AT - Income TaxDelayed payment of employees’ contribution towards PF & ESI - whether assessee in depositing employees contribution to PF and ESI within the due date? - Scope of amendment - 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 2017-18, the ibid explanation brought in by Finance Act, 2021, cannot be used/applied to unsettle the settled position of law since there is no retrospective legislative over-ruling. In the light of the aforesaid decision of the coordinate Bench of this Tribunal, we respectfully follow the same which is in consonance with the decision of the Hon’ble Calcutta High Court in Vijayshree Ltd.[2011 (9) TMI 30 - CALCUTTA HIGH COURT] and allow the appeals of the assessee and direct the AO to delete the addition made in this regard in all the above three appeals.
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