TMI Blog2022 (10) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... before filing of Return of Income. Therefore, the assessee succeeds and we allow the appeal of the assessee. - I. T. A No. 357/Kol/2022 - - - Dated:- 12-10-2022 - IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH KOLKATA Shri Sanjay Garg , Judicial Member And Dr. Manish Borad , Accountant Member Shri Debajyati Bhattacharya , FCA , appeared on behalf of the appellant Shri Partha Pratim Barman , Addl. CIT , appeared on behalf of the Respondent ORDER Per Sanjay Garg , Judicial Member : The present appeal has been preferred by the assessee against the order dated 26.11.2021 of the National Faceless Appeal Centre [hereinafter referred to as CIT(A) ] passed u/s 143(3) of the Income Tax Act (hereinafter referred to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich has been further followed by the Coordinate Calcutta Bench of this Tribunal in the case of Harendra Nath Biswas vs. DCIT in ITA No.186/Kol/2021 by the order dated 16.07.2021. The ld. DR could not show any decision contrary to the case law cited by the ld. Counsel for the assessee. 3. We find that the issue is covered in favour of the assessee as the assessment year involved is AY 2017-18 and the Explanation-5 inserted by Finance Act, 2021 to section 43B w.e.f. 01.04.2021 is not applicable to the assessment year under consideration. The relevant portion of the Coordinate Bench decision of the Tribunal in the case of Harendra Nath Biswas vs. DCIT (supra) for the sake of reference is reproduced as under: 2. The sole grounds of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd and by relying on the Explanation-5 below section 43B which was brought in by Finance Act, 2021 to deny the claim of assessee. Therefore, the assessee is before us by preferring this appeal. 4. We have heard both the parties and perused the record. First of all we do not countenance this action of the Ld. CIT(A) for the simple reason that the Explanation 5 was inserted by the Finance Act, 2021, with effect from 01.04.2021 and relevant assessment year before us is AY 2019-20. Therefore the law laid down by the Jurisdictional Hon ble High Court will apply and since this Explanation-5 has not been made retrospectively. So we are inclined to follow the same and we reproduce the order of Hon ble Calcutta High Court in the case of Vijays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as introduced by Finance Act, 2003, was curative in nature and is required to be applied retrospectively with effect from 1st April, 1988. Such being the position, the deletion of the amount paid by the Employees Contribution beyond due date was deductible by invoking the aforesaid amended provisions of Section 43(B) of the Act. We, therefore, find that no substantial question of law is involved in this appeal and consequently, we dismiss this appeal. Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. In the light of the aforesaid discussion we do not accept the Ld. CIT(A) s stand denying the claim of assessee since assessee d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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