TMI Blog2022 (10) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... the return of income. Allowability of expenses attributable to employee provident fund and employee state insurance scheme on the assurance that the employee s contributions towards PF ESI have been deposited before the due date of filing of return of income. However, the Revenue shall be at liberty to seek restoration of the appeal where it is found as a matter of fact that the assessee has failed to deposit the employee s contribution before the due date of filing of return of income stipulated u/s 139(1) of the Act in accordance with law. In view of the above and respectfully following the decision Pro Interactive Service (India) Pvt.Ltd. [ 2018 (9) TMI 2009 - DELHI HIGH COURT] . we allow the appeals filed by the captioned assessees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same by way of this consolidated order. However, we are taking ITA No.1957/Del/2022 [Assessment Year 2019-20] as a lead case wherein the assessee has raised the following grounds: 1. That the Assessment Order of the Learned Commissioner of Income -Tax(Appeals) is bad in law and on the facts of the case. 2. The Learned Commissioner of Income-Tax (Appeals) has erred in making disallowance of Rs. 4,75,46,240/=-cm account of late payment of employees contribution under ESI and EPF which were paid much before the filing of Income Tax Return u/s 139 and tax audit report u/s 43B. The Learned Commissioner of Income-Tax (Appeals) erred by relying on that the amendment provisions of section 36(1) and 43B through Finance Act 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that though there has been delay in deposit of PF/ESIC Contributions but all the contributions received by the assessee from its employees, have been deposited with the appropriate authorities before the filing of return of income by the assessee. He therefore, submitted that since the amounts have been deposited before the filing of return of income, no disallowance is called for and for aforesaid proposition, he relied on the decision of Azamgarh Steel Power vs. CPC in ITA No.1626/Del/2020 dated 31.05.2021 and CIT vs. AIMIL Ltd. [2010] 188 Taxman 265 (Delhi) and various other decisions. 6. Learned Sr. DR on the other hand supported the order of lower authorities and also placed reliance on the decision of Delhi Tribunal in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the employer under section 2(23)(x) of the Act. 8. As far as reliance by Ld. Sr. DR on the amendment brought out by Finance Act, 2021 is concerned, notes on clauses to the Finance Bill 2021 clearly states that the amendment will take effect from 01st April 2021 and will prospectively apply in relation to the assessment year 2021-22 and subsequent assessment year. In such a situation, we are of the view that the amendment brought out by Finance Act, 2021 does not apply to the assessment year under consideration. 9. Before us, the Revenue has not placed any material on record to demonstrate that the aforesaid order cited hereinabove has been overruled/stayed/set aside by higher judicial forum. In view of the aforesaid fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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