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2022 (6) TMI 632 - AT - Income TaxLate deposit of employees' share of contribution of ESI and PF - HELD THAT:- As there is no dispute between the parties regarding the date of deposit of PF & ESI, which clearly is beyond the prescribed date of deposit as applicable under the relevant section of the I.T. Act. Further, there is no dispute between the parties that the deposits were made before the filing of return of income for the relevant assessment year. The Hon'ble Allahabad High Court, in the case of 'Sagun Foundry (P.) Ltd[2016 (12) TMI 1479 - ALLAHABAD HIGH COURT]has dealt with a similar issue and after taking into account the judgment of the Hon'ble Supreme Court in the case of 'CIT vs. Alom Extrusion Ltd.' [2009 (11) TMI 27 - SUPREME COURT] has decided the issue in favour of the assessee - there has been amendment in section 36(1)(va) of the Act, I find that the said amendment is applicable w.e.f. 1.4.2021 and is prospective in nature and not retrospective. - Decided in favour of assessee.
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