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2022 (3) TMI 1128 - AT - Income TaxBelated remittance of employees share of ESIC and PF u/s. 43B r.w.s. 36(1) - Assessee submitted that payment made within due date of filing the return of income u/s 139(1) of the Act for the year under consideration - HELD THAT:- As decided in the case of M/s. Jana Urban Services For Transformation Pvt. Ltd. [2021 (10) TMI 842 - ITAT BANGALORE] no merit in the argument of the ld. DR since the explanation as provided in Finance Act 2021 prescribes that the amendment in both sec.36(va) as well as 43B by inserting corresponding explanation that although impugned PF comes in the form of provision and the same is applicable from 1/4/2021 onwards only. In the present case we are concerned with the asst. year 2017-18 and the amended provision could not be applied retrospectively as it is only applicable w.e.f 1/4/2021. Being so no disallowance could be made by the AO in respect of PF/ESI paid within the due date of filing return of income. Though, it was beyond the date mentioned in the respective Act. - Decided in favour of assessee.
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