TMI Blog2022 (3) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... at the amendment will take effect from 1st April 2021 and will apply in relation to the assessment year 2021-22 and subsequent assessment year. In such a situation, we are of the view that since the assessment year under consideration is A.Y. 2018-19, the amendment does not apply to the assessment year under consideration - no disallowance was warranted in the present case. We, therefore direct the AO to delete the addition. Thus the assessee s ground is allowed. - I.T.A. No. 1873/DEL/2021 - - - Dated:- 10-3-2022 - SHRI AM ALANKAMONY, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR U.S., JUDICIAL MEMBER Appellant by : Sh. Suresh Gupta, CA Respondent by : Smt. Princy Singhla, Sr. DR ORDER PER YOGESH KUMAR U.S., JM This a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dictional Court dated 10.09.2018 in the case of CIT vs Pro Interactive Services India Pvt. Ltd. in ITA No. 983/2018. (Tax Effect: ₹ 12,09,577/-). 4. Whether on the facts and in the circumstances of the case and position on law, the Education Cess amounting to ₹ 11,256/- is an allowable deduction for computation of taxable income as the same is not covered by disallowable expenditure u/s 40(a)(ii) of the Income-tax Act, 1961 and therefore the deduction of the same need be allowed by the department suo-moto. (Tax Effect: ₹ 3478/-) The above ground is an additional ground. 3. The Ld. AR submitted that, though there has been delay in depositing the Employees Contribution of PF/ESI, the same has been deposited with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. The Ld. D.R. on the other hand supported the orders of the lower authorities and also placed reliance on the decision of Hon ble Tribunal in the case of Vedvan Consultants Pvt. Ltd. vs DCIT in ITA No. 1312/ Del/2020 order dated 26.08.2021. He also submitted that the amendment brought out by Finance Act 2021 would be applicable to the present case as by the amendment it has been clarified that provisions of Section 43B shall not apply and shall be deemed never to have been applied to a sum received by the assessee from any of his employees to which the provisions of sub clause (x) of Clause (24) of Section 2 applies. 9. We have heard the rival submissions and perused the material available on record. The issue in the present gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s before filing of return of income by the assessee. Further, it is settled law that when two judgments are available giving different views, then the judgment which is in favour of the assessee shall apply as held in case of Vegetable Products Ltd. 82 ITR 192 by the Hon ble Supreme Court. We, therefore, following the decision rendered by Hon ble Apex Court in the case of M/s. Vegetable Products Ltd. (supra) and AIMIL Ltd. (supra), are of the view that no disallowance was warranted in the present case. We, therefore direct the AO to delete the addition. Thus the assessee s ground is allowed. 4. Respectfully following the order of the Tribunal, we allow the grounds taken by the assessee. 5. In the result, appeal of the assessee is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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