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2022 (3) TMI 468 - AT - Income TaxDisallowance towards employees’ contribution towards PF&ESI - deposits before the due date of filing the return of income u/s 139(1) - HELD THAT:- This Tribunal in the case of Harendra Nath Biswas [2021 (7) TMI 942 - ITAT KOLKATA] has dealt the very same issue holding that Explanation-2 introduced by the Finance Act, 2021 in Section 36(1)(va) of the Act is prospective in nature and therefore, in view of the settled judicial precedence including the judgment of Hon’ble jurisdictional High Court in the case of Commissioner of Income-tax, Circle -I, Kolkata vs. Vijay Shree Ltd. [2011 (9) TMI 30 - CALCUTTA HIGH COURT] disallowance should not be made of the said amount if it has been deposited before the due date of filing the return of income u/s 139(1). Thus no disallowance was called for u/s 36(1)(va) of the Act in the case of the assessee as the assessee deserves a relief as per the provisions of Section 43B of the Act as the alleged amount has been deposited before the due date of filing the return of income u/s 139(1) - Decided in favour of assessee.
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