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2022 (8) TMI 1268 - AT - Income TaxDisallowance u/s 43B - delayed deposit of employees' contribution to PF & ESIC - payments being made before due date of filing of return and proof submitted thereof - HELD THAT:- 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 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. 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. Appeal of the assessee succeeds.
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