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2022 (10) TMI 170 - AT - Income TaxDisallowance under the head ‘other current liabilities’ by invoking section 43B - as submitted assessee was not allowed due opportunity to explain its case before the AO as the assessee found that the disallowance has been made under intimation/order u/s 143(1) - HELD THAT:- We are of the considered view that from first appellate order, it is clearly discernible that the assessee in its written submissions before the CIT(A)/NFAC placed detailed submissions on the issue of impugned disallowance made by the AO on account of disallowance under the head ‘Other current liabilities’ by invoking the provisions of section 43B of the Act, but, from a vigilant and careful reading of the first appellate order, we are unable to see any adjudication by the ld.CIT(A) on ground No.1 of the appellant. Therefore, agreeing with the contentions of the ld. Sr. DR, ground No.1 of the assessee as noted in Form No.35 is restored to the file of the CIT(A) for adjudication. Accordingly, ground No.1 of the assessee is allowed for statistical purposes. Delayed payment of employees’ contribution to ESI and PF - HELD THAT:-This issue is no more res integra. The Hon’ble jurisdictional High Court of Delhi in various judgements including the recent judgement in the case of PCIT vs. TV Today Network Ltd. [2021 (8) TMI 26 - ITAT DELHI] held that as per the Memorandum to Finance Act, 2021, the amendment to section 36(1)(va) of the Act and section 43B of the Act will take effect from 1st April, 2021 and it cannot apply to previous assessment years. In the present case also, it is not in dispute that the assessee made payment of employer’s contribution to ESI and PF before due date of filing the return u/s 139(1) of the Act and there is no dispute that the amount stands deposited before the filing of the return. So far as the applicability of amendment to section 36(1)(va) and section 43B is concerned, this issue is covered in favour of the assessee by the judgement of the Hon’ble jurisdictional High Court of Delhi in the case of PCIT vs. TV Today Network Ltd. and various other judgements. Decided in favour of assessee.
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