TMI Blog2022 (3) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... clause w.e.f. 01.04.2021. The effect of this amendment is that if the amount of employees contribution towards EPF, ESIC, etc is delayed by an employer beyond the due date under the respective Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s 139 of the Act. The Memorandum explaining the provisions of the Finance Bill, 2021, provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t : Shri Krishna V. Gujarathi For the Respondent : Shri Piyush Kumar Singh Yadav ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(Appeals) - National Faceless Appeal Centre (NFAC), Delhi u/s 250 of the Income-tax Act, 1961 (hereinafter also called `the Act ) on 10-12-2021 in relation to the assessment year 2017-18. 2. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals. I, therefore condone the delay in filing the appeal and admit the same for disposal on merits. 4. The only issue raised in this appeal is against the confirmation of disallowance of ₹ 14,90,362/- made by the Assessing Officer (AO) u/s.36(1)(va) read with section 43B of the Income-tax Act, 1961 (hereinafter also called the Act ). 5. Briefly stated, the facts of the case are that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e return u/s 139(1) of the Act. This issue is no more res integra in view of several judgments allowing deduction u/s 36(1)(va) of employees share of contribution deposited after due date under the respective 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 di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke effect from 1st April, 2021 and will, accordingly, apply in relation to assessment year 2021-2022 and subsequent assessment years. Since the assessment year under consideration, namely, 2017- 18 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. (su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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