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2021 (12) TMI 548 - AT - Income TaxDisallowance of late remittance of employees’ contribution to PF and ESI under the respective Acts - difference between the returned income and the assessed income u/s 143(1) - as contended that assessee has paid the employees’ contribution prior to the due date of filing of return under section 139(1) - HELD THAT:- As decided in M/S SHAKUNTALA AGARBATHI [2021 (10) TMI 1196 - ITAT BANGALORE] held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1). The amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration. By following the binding decision in the case of Essae Teraoka Pvt. Ltd Vs. DCIT [2014 (3) TMI 386 - KARNATAKA HIGH COURT]the em ployees’ contribution paid by the assessee before the due date of filing of return of income u/s 139(1) of the I.T.Act is an allowable deduction. Accordingly, we decide this issue in favour of the assessee
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