TMI Blog2022 (4) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... uted that the payment of employee s contribution towards provident fund was made before the due date of filing of return of income. The only basis on which the Revenue denied the claim of assessee in respect of employee s contribution to provident fund was that the payment was made beyond the due date prescribed under the relevant provident fund statute. We find that the Hon ble Jurisdictional High Court in Ghatge Patil Transports Ltd. [ 2014 (10) TMI 402 - BOMBAY HIGH COURT] held that both employee s and employer s contributions are covered under the amendment to section 43B of the Act, relying upon the decision of the Hon ble Supreme Court in CIT v/s Alom Extrusions [ 2009 (11) TMI 27 - SUPREME COURT] , and therefore payment of employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground(s): 1. The Learned CIT(A)-NFAC erred in law and as well as facts of the case in upholding the disallowance made by Asst Director of Income Tax , CPC towards delayed payment of employee's contribution to provident fund of INR 17,17,650 under section 36(1)(va) of the Act, without appreciating the fact that the said payments were made within the due date of filing of appellant's income-tax return for the year under consideration. 2. The Learned CIT(A)-NFAC erred in law in confirming an addition made by Asst Director of Income Tax, CPC which is outside the scope of provisions of section 143(1) of the Act. 3. The issue arising in ground No. 1 raised in assessee s appeal is with regard to the disallowance towards de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recent Finance Act that the delayed payment cannot be allowed under section 43B. Being aggrieved, the assessee is in appeal before us. 6. During the course of hearing, Shri Hiro Rai, learned counsel appearing for the assessee submitted that employee s share of provident fund was deposited well before the due date of filing income tax return. The late payment is with regard to the due date provided in Employees Provident Fund and Miscellaneous Provisions Act, 1932. The learned counsel referred to the details of contributions received from employees towards provident fund, which are forming part of Tax Audit Report. The learned counsel, further, by placing reliance on various judicial precedents submitted that such contribution deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra) held that both employee s and employer s contributions are covered under the amendment to section 43B of the Act, relying upon the decision of the Hon ble Supreme Court in CIT v/s Alom Extrusions 319 ITR 306(SC), and therefore payment of employee s contribution on or before the due date of filing of return of income is allowable. 10. We further find that the Co-ordinate Bench of Tribunal in New Consolidated Construction Co. Ltd v/s DDIT, CPC in ITA No. 1632/MUM/2021 vide order dated 29.03.2022, after referring to the decisions of other Co-ordinate Benches wherein it has been held that amendment to provisions of section 36(1)(va) and section 43B by Finance Act, 2021, is prospective in nature, allowed employee s contribution towar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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