TMI Blog2022 (7) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance Act, 2021 are prospective and not retrospective in nature. Since, the assessee in instant case has admittedly paid the employees contribution to PF and ESIC before the due date of filing of the return, therefore, we set aside the order of the CIT (A)/NFAC and direct the AO to delete the addition. The grounds raised by the assessee are accordingly allowed. - ITA No. 139/Hyd/2022 - - - Dated:- 14-7-2022 - Shri R. K. Panda , Accountant Member And Shri Laliet Kumar , Judicial Member Assessee by : Shri K. C. Devdas , CA Revenue by : Sri K. P. R. R. Murty , DR ORDER Per R. K. Panda , A. M This appeal filed by the assessee is directed against the order dated 1.10.2021 of the learned CIT (A)- NFAC, relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale of assets. However, he sustained the addition of Rs.30,53,317/- on account of payment towards employees contribution to PF ESI on the ground that the assessee failed to make the payments of employees contribution to PF ESI before the statutory due date and the Finance Act of 2021 had amended the provisions of section 36(1)(va) and section 43B which are clarificatory in nature. 6. Aggrieved with such order of the CIT (A)/NFAC the assessee is in appeal before the Tribunal. 7. The learned Counsel for the assessee referring to various decisions submitted that the co-ordinate benches of the Tribunal are taking the consistent view that where the employees contribution to PF and ESIC are paid before the due date of filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade addition of Rs.30,53,317/- on account of delayed deposit of employees contribution to PF and ESIC on the ground that the same were deposited beyond the due date prescribed in the said Act. We find the CIT(A)/NFAC rejected the contention of the assessee that such payments though made after the stipulated dates prescribed in the said Acts, however these payments were made before the due date of filing of the return. He accordingly, upheld the action of the AO. We find the co-ordinate benches of the Tribunal are now consistently taking the view that no disallowance u/s. 36(1)(va) r.w.s. 2(24)(x) can be made on account of delayed payment of PF and ESIC, if such payments are made before the due date of filing of the return. It has further b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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