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2022 (1) TMI 1000 - AT - Income TaxDelayed PF/ESI contribution as beyond the due date prescribed for depositing the said amount under - Scope of amendment made by Parliament to Section 36(1)(va) and 43B - HELD THAT:- As following decision in the case of Bharat Pumps and Compressors Limited [2021 (10) TMI 496 - ITAT ALLAHABAD] we hold that in the instant appeal for ay: 2018-19 if the employee share of PF/ESI is deposited by employer to the credit of employee with the relevant fund maintained for PF/ESI before the due date of filing of return of income u/s 139(1) of the 1961 Act, then the assessee shall be entitled for deduction u/s 36(1)(va). The assessee’s counsel has filed tax-audit report in which detail/ bifurcations of employee share of PF/ESI along with date of payment is mentioned, but challans are not filed. The said tax-audit report is placed on record in file. Thus for limited purposes , we are directing AO to verify the challans evidencing deposit of aforesaid employee share of PF/ESI and that it was deposited before the due date prescribed for filing of return of income u/s 139(1), before allowing claim of deduction u/s 36(1)(va) of the 1961 Act. The assessee is directed to file before AO complete details/bifurcation of employees share of PF/ESI which was added to income of the assessee u/s 36(1)(va) read with Section 2(24)(x) along with relevant paid challans, for verification. Appeal filed by the assessee is allowed accordingly
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