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2022 (5) TMI 1345 - AT - Income TaxDelayed Employee's Contribution towards PF and ESIC - amendment was brought in finance Act 2021 w.e.f 1-4- 2021 - HELD THAT:- The amendment was brought in finance Act 2021 w.e.f 1-4- 2021.The law was not framed/amended in the relevant Assessment year and any legal proposition which cast additional burden/liability on the assessee shall be applicable prospectively. We considering the overall facts, circumstances, judicial decisions, are of the reasoned view that the amendment to section 36(1)(va) of the Act will not be applicable to assessment year 2018-19. The assessee has deposited the employee’s contribution of Provident fund & ESIC before the due date of return of income u/sec 139(1) of the Act. Accordingly, we set-aside the order of the CIT(A) and direct the assessing officer to delete the disallowance and allow the grounds of appeal in favour of the assessee.
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