2022 (2) TMI 179

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 21 passed by the CIT(A), National Faceless Appeal Centre, in relation to the assessment year 2018-19. 2. The only issue raised in this appeal is against the confirmation of disallowance of Rs. 3,50,650 made by the AO on account of late deposit of employees' share of EPF and ESI but before the due date u/s. 139 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 3. Briefly sta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tive Acts but before the date prescribed u/s. 139 of the Act. The Hon'ble Himachal Pradesh High Court in CIT vs. Nipso Polyfabriks Ltd. (2013) 350 ITR 327 (HP) has held that there exists no difference between employees' or employer's contribution and both are to be allowed as deduction if deposited before the due date. 5. At this juncture, it is relevant to mention that the Finance Ac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 19 is anterior to the amendment carried out with effect from A.Y. 2021-22, I hold that the position of law as set out by various Hon'ble High Courts including the one in CIT vs. Nipso Polyfabriks Ltd. (supra) squarely applies to the facts and circumstances of the instant case thereby not warranting any disallowance since the amount in question was admittedly deposited before due date u/s. 139( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X