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TMI Blog2022 (3) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... ated to be neither deliberate nor intentional but was due to the pandemic circumstances prevailing at that time. We take note of the pandemic situation where the movement of people were restricted and because of such practical situation, it was always not possible to follow the time of limitation regarding filing of appeal before various forums. This fact was also observed and taken cognizance of by the Hon'ble Supreme Court of India, in Civil Original Jurisdiction, Suo Moto Writ Petition (Civil) No. 3 of 2020 dated 8th March, 2021. The ld. D/R agreed for the condonation of delay of 23 days. After hearing the parties and taking guidance from the decision of the Hon'ble Supreme Court (supra), we condone the delay of the assessee and proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F & ESI at Rs. 7,72,746/-. 6.1. One common fact emerging from both the impugned orders and not controverted by ld. D/R is that the alleged amount of contribution towards PF & ESI has been deposited with the concerned Department before the due date of filing the return of income u/s 139(1) of the Act. Under these given facts where the alleged sum has been deposited before the due date of filing return of income u/s 139(1) of the Act whether disallow once u/s 36(1)(va) of the Act is called for and secondly whether the amendment brought in by Finance Act, 2021 by way of insertion of Explanation-'2' to Clause-'va' of Section 36(1) of the Act is whether retrospective or prospective in nature, we find that this Tribunal in the case of Lumino Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de by an assessee before the due date of filing of return of income u/s 139(1) of the Act, is allowable as a deduction. We note that by Finance Act, 2021, the provision of Section 36(1 )(va) as well as Section 43B has been amended to this extend by inserting the Explanation 2 whereby it is clarified that the provision of Section 43B shall not apply and shall be deemed never to have been applied for the purpose of determining the due date under this clause. For ready reference, we reproduce the Explanation-2 to Section 36(1)(va) as under: "Section 36(1)(va) Explanation-2 - For the removal of doubts, it is hereby clarified that the provisions of Section 43B shall not apply and shall be deemed never to have been applied for the purpose o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) pertaining to the issue in hand which in clear and unambiguous terms spells out the intention of Parliament that the amendment shall take effect from lsl April, 2021 and therefore will accordingly apply to Assessment Year 2021-22 and subsequent years. So since the legislative intent is clear, the amendment brought in by Finance Act, 2021 on this issue as discussed is prospective and Ld. CIT(A) erred in holding otherwise. So till AY 2021-22, the Jurisdictional High Court's view in favor of assessee will hold good and is binding on us. As discussed the decision of the Hon'ble Delhi High Court in Bharat Hotels Ltd. (supra) which was in favor of revenue has not considered the decision of the Co-ordinate Division Bench decision in M/s Aimil L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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