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2022 (2) TMI 275 - AT - Income TaxDelayed Employees’ contribution to PF & ESI - Whether amount was not paid before the due date as provided u/s 36(1)(va)? - HELD THAT:- If the assessee has paid the PF and ESI payments before the due date of filing of return income u/s 139(1) of the Act, no disallowance is warranted as held by the coordinate bench in case in case of Value Momentum Software Services Private Limited [2021 (5) TMI 989 - ITAT HYDERABAD]. In the present case as gone through the Tax Audit Report i.e. Form No. 3CD for both the years at Sl.No. 20(b) and found that the assessee has paid the entire PF/ESI due before filing of the return of income u/s 139(1)We direct the AO to delete the addition made towards employees PF & ESI contribution and confirmed by the CIT (A) and accordingly, the grounds raised by the assessee on this issue are allowed.
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