TMI Blog2021 (10) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Finance Act, 2021, specifically stating the amendment being applicable in relation to assessment year 2021-22 and subsequent years. Therefore the addition, we hold, cannot be made on the strength of the amendment effected by Finance Act 2021 to section 36(1)(va)/43B of the Act. Moreover it is an admitted position that the jurisdictional High Court has in various decisions held that employees contribution to ESI PF is allowable if paid by the due date of filing return of income u/s 139(1) of the Act. See M/S NUCHEM LTD. [ 2010 (2) TMI 959 - PUNJAB AND HARYANA HIGH COURT] and M/S HEMLA EMBROIDERY MILLS (P) LTD. [ 2013 (2) TMI 41 - PUNJAB AND HARYANA HIGH COURT] We hold that the claim of employees contribution to ESI and PF as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the effect that due date for payment of employees contribution to ESI and PF, for the purpose of claiming deduction of the said amount as per the provisions of section 36(1)(va) of the Act was not governed by section 43B stipulating the due date to be till the filing of return of income u/s 139(1) of the Act, meaning thereby the employees contribution to ESI and PF was to be paid by due date specified in their respective Acts for the purpose of claiming deduction thereof. The Ld.CIT(A) held that the said amendment though effected by the Finance Act, 2021 but when read in the background of the decision of the Hon'ble Apex Court in the case of Allied Motors Pvt. Ltd. Vs. CIT, 91 Taxman, 205 (SC), and the intention of the Legislature set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction by the assessee on the strength of various decisions of the jurisdictional High Court holding contributions deposited by the due date of filing of return of income u/s 139(1) of the Act as allowable. The Revenue has disallowed the same in the impugned year by applying the amendment made by Finance Act 2021 to section 36(1)(va) and 43B of the Act allowing the claim of such deduction only when paid by due dates specified in their respective Acts, holding the amendment to be applicable on all pending cases post the amendment. 6. We have gone through the orders of the coordinate Benches of the ITAT cited by the Ld.Counsel for the assessee before us and have noted that it has been consistently held that the amendment to section 36(1)(va ..... X X X X Extracts X X X X X X X X Extracts X X X X
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