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2022 (7) TMI 624 - AT - Income TaxDelayed contribution of employees’ share towards ESI and PF set up for the welfare of the employee u/s 36(1)(va) read with section 2(24)(x) - as per assessee payments were made within the due dates of filing of return u/s 139 - HELD THAT:- As it is find that there was a delay in depositing employee’s as well as employer’s contribution to the Employee’s Provident Fund/ESI fund - the amount was deposited before the due date of the filing of the return. The instant issue is squarely covered by the decision in the case of CIT, Kolkata vs. M/s Vijay Shree Limited [2011 (9) TMI 30 - CALCUTTA HIGH COURT] which has been further followed by the Coordinate Calcutta Bench of this Tribunal in the case of Harendra Nath Biswas [2021 (7) TMI 942 - ITAT KOLKATA] - The ld. DR fairly submitted there is no contrary to the case law cited above. We find that the issue is covered in favour of the assessee as the assessment year involved is AY 2018-19 and the Explanation-5 inserted by Finance Act, 2021 to section 43B w.e.f. 01.04.2021 is not applicable to the assessment year under consideration. Assessee appeal allowed.
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