TMI Blog2022 (3) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... that the amendment shall be applicable from 1st April, 2021 onwards . It is also relevant to note that the CBDT has also issued Memorandum of Explanation qua applicability of the amended provisions of Sections 36(1)(va) 43B of the Act w.e.f. 1st April, 2021 and Assessment Year 2021-21 onwards, hence there is no doubt qua applicability of the amended provisions referred above, prospectively. The second aspect as considered by the ld. CIT(A) qua applicability of the amended provisions of Sections 36(1)(va) and 43B of the Act to the case in hand, is also un-sustainable. - Decided in favour of assessee. - ITA No. 1186//Del/2021 - - - Dated:- 24-3-2022 - Shri T.S. Kapoor, Accountant Member And Shri N. K. Choudhry, Judicial Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it appears from the impugned order. 5.2 The Ld. Commissioner though considered the claim of the Assessee, however uphold the disallowance/additions qua employee s contributions towards PF ESI, mainly on two aspects/ determinations- (i) Non-applicability of the provisions of Section 43B of the Act to the employee s share qua ESI PF And (ii) Applicability of the amended provisions of Sections 36(1)(va) and 43B of the Act wherein Explanations have been inserted by Finance Act, 2021. 5.3 Admittedly there is plethora of judgments in favour of the Assessee s contention and of the Revenue, however the controversy with regard to divergent views of different High Courts, has been settled by the Hon'ble Apex Court in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fund Employees State Insurance Scheme as deemed income of the employer under section 2(24)(x) of the I.T. Act, 1961. 5.7. From the aforesaid Judgments of the Hon ble High Courts, it is clear that the Hon ble High Courts have not drawn any distinction between the employee s and employer s share qua PF ESI contributions, hence, first determination of the Ld. CIT(A) qua non-applicability of the provisions of Section 43B of the Act to the employee s share qua PF and ESI is un-sustainable. 5.8 Now, coming to the second aspect/determination made by the CIT(A) with regard to the clarification made by the amendment brought in the Finance Act 2021 by inserting the Explanation 2 in Section 36(1)(va) and 5 in section 43B of the Act of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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