TMI Blog2022 (10) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... re not applicable to the assessment years preceding the assessment-year 2021-22 i.e. not applicable upto assessment-year 2020-21. Hon'ble Delhi High Court in Pr. CIT Vs. Pro Interactive India Pvt. Ltd [ 2018 (9) TMI 2009 - DELHI HIGH COURT] had re-affirmed the aforesaid findings while relying judgment in CIT Vs. AIMIL Ltd [ 2009 (12) TMI 38 - DELHI HIGH COURT] so the reliance by DR on judgment date 6/9/18 in CIT Vs. Bharat Hotels Ltd. [ 2018 (9) TMI 798 - DELHI HIGH COURT] cannot be sustained. In the light of the aforesaid the grounds raised stand decided in favour of the Assessee. - ITA No. 973/Del/2021 - - - Dated:- 20-9-2022 - SHRI N. K. BILLAIYA , ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA , JUDICIAL MEMBER Assessee b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 36(1)(va) of the Income Tax Act, 1961. 2. That the ld. Commissioner of Income Tax (Appeals) erred in not appreciating the fact that the amendment brought by Finance Act, 2021 in Section 36 is applicable prospectively with effect from 01st April, 2021. 4. Heard and perused the record. 5. On behalf of the Assessee it was submitted that the admitted fact is that the amounts were deposited well before the due date of filing of original return. Considering the provisions of section 43B of IT Act even if there is delay in deposit of employee share of ESI and EPF, it is still allowable in case actual payment is made before the due date of filing of the Return of Income for the relevant year. Ld counsel submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of PF / ESI Act but within the time allowed u/s 43B i.e. up to the due date u/s 139(1) for filing of income. 9. Regarding the amendments made through Finance Act, 2021, it is specifically mentioned by the legislature that the amendments are effective from 01.04.2021. Further the Memorandum explaining the Provisions in the Finance Bill, 2021 clearly prescribes thus: These amendments will take effect from 1st April, 2021 and will accordingly apply to the assessment year 2021-22 and subsequent assessment years. 10. Thus, the legislature itself has categorically stated that the amendments shall apply to the assessment year 2021-22 and subsequent assessment years. Therefore these amendments are not applicable to the assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nay Cement (supra).1 18. We, thus, answer the question in favour of the assessee and against the Revenue. As a consequence, the appeals filed by the assessees stand allowed and those filed by the Revenue are dismissed. 9. We further find that Hon ble Delhi High Court in the case of SPL Industries vs. CIT (2011) 9 Taxmann.com 195 (Delhi) held as under: 7. It is apt to note that the Division Bench has taken note of the submission advanced by the revenue that the distinction between employers contribution on the one hand and the employees contribution on the other. On the foundation that when employees contribution was recovered from their salaries / wages that is the trust money in the hands of the assessee and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scheme of the Act for making an assessee entitled to get deduction from income insofar as employees contribution is concerned. It is in this backdrop we have to determine as to at what point of time this payment is to be actually made. 8. Upon perusal of the aforesaid, we are of the considered opinion that the decisions rendered in P.M. Electronics Ltd.(supra) and AIMIL Limited (supra) have correctly laid down the law and there is no justification or reason to differ with the same. In the result, we do not perceive any merit in this appeal and accordingly the same stands dismissed. 12. Hon'ble Delhi High Court in Pr. CIT Vs. Pro Interactive India Pvt. Ltd (supra) decided on dated 10.09.2018, had re-affirmed the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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