TMI Blog2022 (7) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... r liabilities from AY 1992-93. Thus, both the additions are deleted. Ground no. 1 of the assessee is allowed. Unpaid tax liabilities u/s. 43B - As current year sales tax realization of Rs. 9,76,402/-, only a sum of Rs. 34,207/- remains due to have been paid before the due date of filing the return of income which attracts the provisions of Section 43B of the Act. Out of the alleged addition except the sum of Rs. 34,207/- the balance is either brought forward balance from preceding years which have already been considered in the previous assessment year and remaining already stands paid which do not call for invoking the provisions of Section 43B on such amount. Therefore, out of impugned addition we delete the addition and confirm the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Borad , Accountant Member This appeal filed by the assessee pertaining to the Assessment Year (in short AY ) 1995-96 is directed against the order passed u/s. 250 r.w.s. 254 of the Income Tax Act, 1961 (in short the Act ) by ld. Commissioner of Income-tax (Appeals)-21, Kolkata [in short ld. CIT(A) ] dated 11.04.2022 arising out of the assessment order framed u/s. 143(3) of the Act dated 31.03.1998. 2. The assessee is in appeal before the Tribunal raising the following grounds: 1. That, on the facts and circumstances of the case, the Ld. A.O. misdirected himself in invoking provisions of sec. 43B in order to add the following statutory liabilities to the income of the appellant and the Ld. C.I.T.(A) simultaneously erred in ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving upheld the disallowance/addition of Rs. 2,970/- being employees' contribution for March, 1995 to EPF/ESI u/s. 36(1)(va) r.w.s. 43B of the Act on the alleged ground that the appellant nowhere produced evidence establishing that the contributions were deposited before the due date for filing the ROI when as noted in the impugned order the assessee filed Xerox copy of the challan evidencing deposit made to the Govt, account. 4b. That, the Ld. C.I.T.(A) while upholding the disallowance/addition of Rs. 2,970/- for A.Y. 1995-96 has also misinterpreted the amendments in secs. 36(1)(va) and 43B of the Act by inserting corresponding Explanations by The Finance Act, 2021 w.e.f. 01/04/2021 as clarificatory in nature and hence retrospect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessee vehemently argued referring to the written submissions placed on record mainly focusing on the fact that major portion of the alleged addition of other liabilities includes brought forward balances from preceding financial year which do not qualify for any addition u/s. 43B of the Act. 7. Per contra, ld. D/R vehemently argued supporting the orders of both the lower authorities. 8. We have heard rival contentions and perused the records placed before us. We note that ld. AO made addition for other liabilities standing in the balance sheet as on the close of the year for want of proof of payment of said liabilities before the due date of filing return of income and since the assessee failed to do so provisions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, no disallowance called for on this account. 10. We, therefore, on going through the above finding of this Tribunal and also the balance sheet as on 31.03.1994 find merits in the contention of the ld. Counsel for the assessee. Ld. CIT(A) erred in confirming the addition at Rs. 6,22,856/- for additional sales-tax and central sales-tax at Rs. 292/- u/s. 43B of the Act because both these amounts were not on account of liability for the year under appeal and they were brought forward balance of other liabilities from AY 1992-93. Thus, both the additions of Rs. 6,22,856/- Rs. 292/- are deleted. Ground no. 1 of the assessee is allowed. 11. Now, we take up ground no. 2 pertaining to addition of Rs. 6,63,412/- being part of the total a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- for unpaid tax liabilities u/s. 43B of the Act. Thus, ground no. 2 is partly allowed. 12. Ground no. 3 relates to the addition of Rs. 556/- on account of agricultural tax. As per paper book page 66, we find that the said amount has been paid on 30.04.1995 and this fact remains uncontroverted. We, therefore, delete the addition of Rs. 556/- made u/s. 43B of the Act and allow ground no. 3 raised by the assessee. 13. Ground no. 4a 4b relates to disallowance of employees' contribution towards PF ESI u/s. 36(1)(va) r.w.s. 43B of the Act pertaining to March, 1995. Though there is a delay in deposit by 10 days as it has been paid on 24.04.1995, but both the lower authorities denied the deduction alleging that the same has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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