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2022 (4) TMI 608 - AT - Income TaxDelayed deposit of employees contribution to PF and ESI u/s 36(i)(va) - contributing/depositing the same before the due date of filing of return of income u/s 139(1) - HELD THAT:- We find that the issue is covered in favour of the assessee as the assessment year involved is AY 2017-18 and the Explanation-5 inserted by Finance Act, 2021 to section 43B w.e.f. 01.04.2021 is not applicable to the assessment year under consideration. This issue is squarely covered by the decision of CIT, Kolkata vs. M/s Vijay Shree Limited [2011 (9) TMI 30 - CALCUTTA HIGH COURT] which has been further followed by case of Harendra Nath Biswas [2021 (7) TMI 942 - ITAT KOLKATA]. We do not accept the Ld. CIT(A)’s stand denying the claim of assessee since assessee delayed the employees contribution of EPF & ESI fund since assessee had deposited the employees contribution before filing of Return of Income. Therefore, the assessee succeeds and we allow the appeal of the assessee
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