TMI Blog2022 (2) TMI 809X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021 shall take effect from 1st April 2021 and will accordingly apply to A.Y. 2021-22 and subsequent years. In the present case assessment year involved is 2018-19 and therefore following the aforesaid decision in the case of Indian Geotechnical Services (supra), we are of the view that the amended provisions would have no application to the case under consideration. Thus we are of the view that no addition u/s. 36(1)(va) of the Act is called for in the present case. Therefore we direct the AO to delete the addition. Thus the ground of assessee is allowed. - ITA No. 1828/Del/2021 - - - Dated:- 9-2-2022 - Anil Chaturvedi , Member ( A ) And Amit Shukla , Member ( J ) For the Appellant : Mayank Gupta , Adv For the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very clear that there was no malafide intention or unjust enrichment on the part of the appellant. 2. That CIT fails to appreciate that appellant had also made payment of interest/late fees etc. according to PF and ESIC Act, due to late deposit of the employee's contribution amount but still the assessing officer simply raised a demand of ₹ 15,78,820/- by adding the amount of employee's contribution in the Gross Total Income and disallowed the deduction to the appellant. 3. That CIT also fails to take into consideration that due to raised of demand of ₹ 15,78,820/- and payment of interest/penalty the department imposed double burden on the appellant and extract the hard-earned money from his pocket. 4. Bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's favour. He also placed reliance on the decision rendered by Delhi Tribunal in the case of Azamgarh Steel Power Pvt. Ltd. in ITA No. 1626/Del/2020 dated 31.05.2021. He therefore submitted that no disallowance is called for in view of the various decisions rendered by the Co-ordinate Benches of Tribunal and Hon'ble High Court. 6. Learned DR on the other hand supported the order of lower authorities and further submitted that Explanation 2 inserted in Finance Act 2021 was for removal of doubts. He also placed reliance on the decision of Delhi ITAT in the case of Vedvan Consultants Pvt. Ltd. in ITA No. 1312/Del/2020 order dated 26.08.2021. 7. We have heard the rival submissions and perused the materials on record. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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