TMI Blog2022 (9) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... OURT] squarely applies to the 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.672/PUN/2021 ITA No.674/PUN/2021 - - - Dated:- 15-9-2022 - SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY , JUDICIAL MEMBER Assessee by : None Revenue by : Shri M. G. Jasnani ORDER PER INTURI RAMA RAO, AM : These are the appeals filed by the different assessee directed against the respective orders of ld. Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre, Delhi [ the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ESIC etc. We find that an identical issue has been decided in recent decision of Co-ordinate Bench of this Tribunal in the case of Prashant Arun Sangai vs. ADIT in ITA No.466/PUN/2021 for the assessment year 2019-20 order dated 22.06.2022, wherein, the Tribunal decided the issue in favour of the assessee. On perusal of the recent decision of the Tribunal (supra), we find that the identical issue was came up before this Tribunal in the case of Prashant Arun Sangai (supra) wherein the Tribunal decided the similar issue in favour of the assessee relying on the decision of the Hon ble Himachal Pradesh High Court in the case of CIT vs. Nipso Polyfabriks Ltd. (2013) 350 ITR 327 (HP). The relevant paragraphs of the said decision of the Tribunal (s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yees contribution towards EPF, ESI, etc is delayed by an employer beyond the due date under the respective Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s 139 of the Act. The Memorandum explaining the provisions of the Finance Bill, 2021, provides that this amendment will take effect from 1st April, 2021 and will, accordingly apply in relation to assessment year 2021- 2022 and subsequent assessment years. Since the assessment year under consideration is 2019-20, which is anterior to the amendment carried out with effect from A.Y. 2021-22, we hold that the position of law as set out by various Hon ble High Courts including the one in CIT vs. Nipso Polyfabriks Ltd. (supra) squa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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