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2022 (4) TMI 155 - ITAT VISAKHAPATNAMDisallowance of expenditure incurred towards payment made for employees' contribution to PF & ESI - amount remitted in the Government Treasury within the due date of filing the income tax return - HELD THAT:- In the case of the assessee it is not disputed that the amount of employee's contribution was deducted by the assessee and remitted in the Government Treasury within the due date of filing their returns of income under the Income Tax Act, 1961. Since the cases of the assessee relate to assessment years 2018-19 & 2019-20 and the amendment though clarificatory in nature has come into effect from 1/4/2021, for the relevant year under consideration it would suffice that the employee's contribution deducted by the assessee is remitted in the Government Treasury within the due date of filing of the return of income as prescribed under the Act. Therefore, the disallowance made by the Ld. Revenue Authorities is deserved to be deleted. Hence, we hereby direct the AO to delete the addition made in the hands of the assessee under appeal towards disallowance of payment made in regard to the employee's contribution to PF & ESI fund. Appeal of assessee allowed.
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