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2021 (12) TMI 1128 - AT - Income TaxDelay in depositing the employee’s contribution towards PF/ESI - same stands duly deposited before the due date of filing the return of income u/s 139(1) of the Act - scope of amendment - HELD THAT:- We find that this tribunal in the case of Nipun Jain [2021 (12) TMI 1042 - ITAT AMRITSAR] has deleted the said disallowance on observing that the alleged amount of employee’s contribution PF and ESI has been deposited befor the due date of filing return of income prescribed u/s 139(1) - also there is no doubt qua applicability of the amended provisions referred above, prospectively ad second aspect as considered/determined by the ld. CIT(A) qua retrospective application of the amended provisions of Section 36(1)(va) and 43B of the Act wherein Explanations have been inserted by Finance Act, 2021 qua employees’ share in respect of PF & ESI Act, is also unsustainable - Decided in favour of assessee.
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