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2022 (7) TMI 488 - AT - Income TaxDelay in payment towards Provident Fund, ESIC and any Other Welfare Fund u/s. 36(1)(va) r.w.s. 43B and 2(24)(x) - HELD THAT:- As contributions made by employees on account of PF & ESIC were deposited beyond the due date prescribed under the Act. But at the same time it is admitted fact on record that the said payment has been deposited well before the date of filing the return of income by the asses see company. Identical issue has been decided by the Hon'ble Bombay High Court in case of CIT V. Ghatge Patil Transporters Ltd. [2014 (10) TMI 402 - BOMBAY HIGH COURT] by confirming the order passed by the Tribunal that deduction claimed by the asses see on account of employees contribution to PF & ESIC well before the due date of filing return of income is allowable deduction. Hon'ble High Court of Bombay in case of Ghatge Patil Transporters Ltd. [2014 (10) TMI 402 - BOMBAY HIGH COURT] held that both employees' and employer's contribution are covered under amendment to section 43B and covered under judgment of Hon'ble Supreme Court in case of CIT vs. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] and such deduction claimed by the assessee is allowable. Since the amended provisions contained under section 43B read with section 36(1)(va) of the Act are not applicable for the year under consideration i.e. A.Y. 2017-18 as the amendment will be effective from A.Y. 2021-22 and the AO/Ld. CIT(A) have erred in disallowing the same. Consequently, impugned order passed by the Ld. CIT(A) is set aside and appeal filed by the assessee is allowed.
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