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2022 (7) TMI 109 - AT - Income TaxDelayed payment of employees contribution to the provident fund disallowable u/s 36 (1) (va) - HELD THAT:- The facts in the case clearly shows that the employee share of provident fund contribution for the month of may 2017 was remitted to the provident fund authority on 16/6/2017. The due date of remittance of the provident for the month of May 2017 earlier was up to 15/6/2017 however, the same was extended by a date and the due date under the respective provident fund law was extended up to 16/6/2017. This evidence is available at page number seven – 11 of the paper book which says that the last date for remittance for the due month of may 2017 is payable by 15/6/2017 is extended by one day i.e. extended up to 16/06/2017. Thereby it is apparent that when the assessee has deposited the above sum within that extended due date i.e. 16/6/2017, without going into the controversy whether the amendment made by the finance act 2021 is applicable retrospective or not, there is no delay in deposit of the employee’s contribution. In nutshell, the employee’s contribution has been deposited by the assessee within the due date prescribed under the respective provident fund laws. Thus, adjustment made by the Central processing centre is also not in accordance with the law. Assessee appeal allowed.
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