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2022 (9) TMI 1320 - AT - Income TaxDelayed Employees’ contribution to ESI/Provident Fund - adjustment and intimation u/s 143(1) - contribution beyond specified date prescribed under laws providing ESI/Provident Fund but these payments were deposited by the assessee well before due date of filing of return of Income Tax prescribed u/s 139(1) - HELD THAT:- We are of the view that the aforesaid additions by way of adjustment and intimation u/s 143(1) were beyond the scope of Section 143(1) and further that the Ld. CIT(A) erred in law in confirming the aforesaid addition on a debatable and controversial issue. Accordingly, we direct the AO to delete the aforesaid addition. By way of abundant caution, we hereby clarify that we have not expressed any view in this order, on whether the aforesaid amendments brought in by Finance Act, 2021 [whereby Explanation-2 was inserted in Section 36(1)(va) of Income Tax Act and Explanation-5 was inserted in Section 43B are prospective or retrospective. In the light of our decision in foregoing paragraph (E) of this order; this issue is merely academic in nature; hence not decided. Interest on TDS, interest on GST and interest on PPF - We restore the issues regarding on account of interest on TDS, interest on GST and interest of PPF; and the issue regarding assessee’s claim of credit of TDS to the file of the Ld. CIT(A); with the direction to decide these issues on merits after providing reasonable opportunity to the assessee.
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