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2022 (6) TMI 1195 - AT - Income TaxLate deposit of employee contribution to PF and ESI u/s. 36(1)(va) - contribution of PF deposited belatedly but before due date of filing of return of income u/s. 139(1) - HELD THAT:- The Bench has taken into consideration its various orders wherein similar issue has been decided in favour of the assessee on the issue in question. Recently, the similar issue of late deposit of employees PF/ESIC contribution by the assessee but paid the same before due date of filing of return of income in the case of Sanjay Porwal [2022 (4) TMI 898 - ITAT JAIPUR] wherein Issue was decided in favour of the assessee by holding that amendment in Section 36(1)(va) as well as Section 43B of the Act by way of inserting the explanation vide Finance Bill, 2021 are applicable only from A.Y. 2021-22 and subsequent assessment years and therefore, the said amendment is not applicable to the assessment year under consideration. Thus disallowance made on account of employees contribution towards PF/ESIC deposited before due date of filing of return of income u/s. 139(1) is deleted. Thus, the solitary ground of appeal of the assessee is allowed.
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