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2022 (3) TMI 144 - AT - Income TaxDisallowance of employee’s and employer’s contribution towards PF & ESI being deposited after the due date as prescribed under the governing Act of PF & ESI - HELD THAT:- Under these given facts where the alleged sum has been deposited before the due date of filing return of income u/s 139(1) of the Act whether disallow once u/s 36(1)(va) is called for and secondly whether the amendment brought in by Finance Act, 2021 by way of insertion of Explanation-‘2’ to Clause-‘va’ of Section 36(1) whether retrospective or prospective in nature, we find that this Tribunal in the case of Lumino Industries & Ors.[2021 (11) TMI 926 - ITAT KOLKATA] has elaborately dealt with this issue in light of the settled judicial precedence holding that no disallowance was called for u/s 36(1)(va) of the Act under the given facts and circumstances. - Decided in favour of the assessee.
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