TMI Blog2022 (11) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... GS INDIA PVT. LTD [ 2022 (6) TMI 1052 - ITAT MUMBAI] We are of the considered view that A.O. and first appellant authority are duty bound to follow the decisions of jurisdictional high Court otherwise it makes their decision unsustainable in so far as applicability of amendment by the finance act 2021, the same is effective from assessment year 2022-23 thus in the light of above, we hold that the C.P.C and Ld. CIT (A) has erred in applying amended provisions of sec 36(1)(va) r.w.s 43B to disallow assesses claim of deduction. Appeal filed by the assessee is allowed. - ITA No. 550/Mum/2022 - - - Dated:- 7-10-2022 - SHRI KULDIP SINGH , JUDICIAL MEMBER AND SHRI GAGAN GOYAL , ACCOUNTANT MEMBER Appellant by : Sh. Rahul Hakani , Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of any Sum received from employees as contribution to any PF or ESIC Fund to the extent not credited to the employees account on or before the due date, including the extended date as mentioned in respective legislation) made by the learned assessing officer of the Income Tax Act-1961 4. That the appellant craves leave to add, amend, modify, rescind supplement or alter any of the grounds stated here- in- above either before or at the time of hearing of the appeal. 2. Brief facts of the case are that the assessee is a Private Limited Company engaged in the business of Manufacturing Industrial Fabrics has filed its return of income u/s 139(1) on 31-10-2017 declaring total income at Rs. 6,95,43,050/-. The assessee-company had a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th July 2022 filed by the assessee before the ITAT and both the lower authorities. 5. Ld. CIT (A) while deciding this issue has relied upon the reporting of the tax auditor wherein, he simply reported about the due dates of payment under the P.F., E.S.I. and other funds vis- -vis actual date of payment as per columns 20(b) of form no 3CD. This reporting auditor had done keeping in view the due dates of respective acts and not as per Income Tax Act 1961. This tax audit report nowhere suggests and authorizes the department to make a disallowance, if the payments are made within the due date for filing of return u/s 139(1) of the Income Tax Act 6. We have pursued the details filed by the appellant with reference to amount and actual date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13.05.2016 2 Provident Fund 388953 15.06.2016 388953 13.06.2016 3 Provident Fund 403685 15.07.2016 403685 14.07.2016 4 Provident Fund 433707 15.08.2016 433707 12.08.2016 5 Provident Fund 431164 15.09.2016 431164 15.09.2016 6 Provident Fund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Any Fund set up under the provisions of ESI Act 23771 21.11.2016 23771 21.11.2016 16 Any Fund set up under the provisions of ESI Act 24859 21.12.2016 24859 21.12.2016 17 Any Fund set up under the provisions of ESI Act 25273 21.01.2017 25273 21.01.2017 18 Any Fund set up under the provisions of ESI Act 74118 21.02.2017 74118 21.02.2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. Vs. I.T.O (ITA no 1409/Mum. /2021) ii) M/s Vishal Enterprises Vs DCIT (ITA no 510 and 511 /Bang. /2021) 13. Considering all the discussions, decisions and submission of the appellant we are of the considered view that A.O. and first appellant authority are duty bound to follow the decisions of jurisdictional high Court otherwise it makes their decision unsustainable in so far as applicability of amendment by the finance act 2021, the same is effective from assessment year 2022-23 thus in the light of above, we hold that the C.P.C and Ld. CIT (A) has erred in applying amended provisions of sec 36(1)(va) r.w.s 43B to disallow assesses claim of deduction. 14. We found merit in the grounds of appeal raised by the Assessee, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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