TMI Blog2022 (3) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... ve observation, these appeals of the assessee are treated as allowed. - I.T.A. Nos. 531 & 532/KOL/2021 - - - Dated:- 9-3-2022 - Rajpal Yadav , Vice President And Rajesh Kumar , Member ( J ) For the Appellant : Subir Kumar Ray , Advocate For the Respondents : P. P. Barman , Sr. DR ORDER Per Bench These appeals filed by the assessee are directed against the orders of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) Delhi dated 07.10.2021 for A.Y. 2018-19 and 20.08.2021 for A.Y. 2019-20 passed under section 250 of the Income Tax Act, 1961. The only issued involved in these appeals is whether the assessee is entitled for deduction of employees' contribution paid before the due date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written note in this connection, which we have gone through. 3. On due consideration of the above facts and circumstances, we find that ITAT, Kolkata has duly examined the amendment brought in by virtue of Finance Act, 2021. On the proposition and the discussion made by the ITAT in the case of Lumino Industries Limited Others read as under:- 17. Have heard both the parties. We note that the Finance Bill, 2021 has brought in an amendment which disallows the employees' contribution made in PF and ESI if not made within the due date as prescribed by the respective statutes (PF and ESI Act). So after the amendment has been inserted according to Shri Miraj D Shah takes effect from 1st April, 2021 i.e. AY 2021-22 and subsequent ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and shall be deemed never to have been applied for the purpose of determining the 'due date' under this clause' 18. We find that this amendment has been brought in the Act to provide certainty about the applicability of Section 43B in respect of belated payment of employees' contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon'ble Supreme Court in the case of M/s. Snowtex Investment Ltd. (supra) wherein the Hon'ble Supreme court took note of the law laid down on this issue by the Constitution Bench in M/s. Vatika Township Ltd. and held that the intent of the Parliament/legislature need to be looked into for ascertaining wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favor of revenue has not considered the decision of the Co-ordinate Division Bench decision in M/s. Aimil Ltd.(supra) which is in favour of assessee. So we note that later decision of the Delhi/Hyderabad Tribunal have followed the decision favouring assessee in the light of the Hon'ble Supreme Court decision in M/s. Vegetable Products (supra). In the light of the aforesaid decision and relying on the ratio of the Hon'ble Supreme Court in the case of Vatika Township Pvt. Ltd. (supra) and M/s. Snowtex Investment Ltd. (supra) and also taking note of the binding decision of the Hon'ble Jurisdictional Calcutta High Court on this issue before us in Shri Vijayshree Ltd. Ltd.(supra), M/s. Philips Carbon Black Ltd.(supra), M/s. Coal Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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