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2022 (6) TMI 575 - AT - Income TaxDelay in deposit of employees contribution to Provident Fund and ESIC u/s. 2(24)(x) r.w.s. 36(1)(va) - sum paid before the due date of filing the return of income u/s. 139(1) - Scope of amendment - HELD THAT:- As relying on M/S BI WORLDWIDE INDIA PVT. LTD [2022 (1) TMI 417 - ITAT BANGALORE] and SATISH KUMAR SINHA VERSUS INCOME TAX OFFICER, WARD 4 (1) HYDERABAD [2021 (9) TMI 174 - ITAT HYDERABAD] we find that the amendment was brought in Finance Act, 2021 w.e.f 01.04.2021. The law was not framed/amended in the relevant Assessment year and any legal proposition which cast additional burden/liability on the assessee cannot be implemented retrospectively. We considering the overall facts, circumstances, judicial decisions, are of the reasoned view that the amendment to section 36(1)(va) of the Act will not be applicable to Assessment Year 2019-2020. The assessee has deposited the employees contribution of provident fund before the due date u/s. 139(1) of the Act. Accordingly, we set-aside the order of the Ld.CIT(A) and direct the assessing officer to delete the disallowance and allow the grounds of appeal in favour of the assessee.
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