TMI Blog2022 (6) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... ra 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 - As in CIT vs. Nipso Polyfabriks Ltd. [ 2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT] has held that there exists no difference between employees or employer s contribution and both are to be allowed as de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts and circumstances of the instant case, thereby not warranting any disallowance since the amount in question was admittedly deposited before due date u/s 139(1) of the Act. The addition is therefore, directed to be deleted. - Decided in favour of assessee. - ITA No.466/PUN/2021 - - - Dated:- 22-6-2022 - SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tc. The ld. CIT(A) affirmed the disallowance. 4. We have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of the assessee despite notice. We are, therefore, proceeding to dispose of the appeal ex parte qua the assessee on merits. 5. It is seen as an admitted position from the impugned order as well as the statement of facts before the ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is relevant to mention that the Finance Act, 2021 has inserted Explanation 2 below section 36(1)(va) providing that the provisions of section 43B shall not apply for the purpose of determining the due date under this clause w.e.f. 01.04.2021. The effect of this amendment is that if the amount of employees contribution towards EPF, ESI, etc is delayed by an employer beyond the due date under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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