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2022 (8) TMI 522 - AT - Income TaxDelay in payment of Employee's contribution to PF and ESIC u/s 36(1) (va) - scope of amendment to section 43B - HELD THAT:- We are of the considered opinion that the issue relating to delayed deposit of EPF / ESI has already been dealt with by various Hon’ble High Courts including the jurisdictional Hon’ble Bombay High Court in CIT vs Ghatge Patil Transport Ltd [2014 (10) TMI 402 - BOMBAY HIGH COURT] wherein it was held that the decision of the Hon’ble Apex Court in CIT vs Alom Extrusions Ltd [2009 (11) TMI 27 - SUPREME COURT] that the amendment to section 43B of I.T. Act was applicable to both employer’s as well as employees’ contribution. Furthermore, the amendment brought out in the Finance Act, 2021 was only prospective and not retrospective thereby was applicable only to assessment year 2021-22 onwards and to subsequent years. The same has been reiterated by the decision of various Benches of the Tribunal. Thus we are of the considered opinion that the contribution towards EPF / ESI paid after the specified due date under the relevant Acts, but nevertheless paid before the due date of filing of the return of income under section 139(1) of the Act, is allowable. The Assessing Officer is directed to allow the deduction as claimed. Ground 1 of the assessee succeeds. Not giving credit to TDS - HELD THAT:- From the copies of accounts furnished by the assessee, it transpires that the receipts from which the TDS was effected was considered for the impugned assessment year while computing the total income. The assessee has offered the corresponding income to tax for the impugned assessment year and the claim of TDS pertinent to the same was made in the return of income. Assessee submitted that inspite of the direction from the Ld.CIT(A), the same has not been considered by the Assessing Officer till date. We therefore, direct the learned Assessing Officer to verify the availability of such credit in Form 26AS of the assessee for the impugned year and allow the same as per the provisions of Rule 37BA.
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