M/S UDVASIT BEROJGAR SAHAKARI SHRAM SAMVIDA SAMITI LTD.,SONBHADRA vs. CIT (EXEMPTION), ALLAHABAD

ITA 27/ALLD/2021Status: DisposedITAT Allahabad02 March 2022AY 2018-1945 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the amended provisions of Section 36(1)(va) and 43B are applicable from AY 2021-22 onwards, not for the year under consideration. Therefore, the deduction for employee contributions deposited before the due date of the return of income is allowable.

What were the facts?

The assessee claimed deduction for employees' contribution to EPF/ESI deposited belatedly, but before the due date for filing the return of income. The Assessing Officer disallowed this claim.

What were the issues?

Whether belated deposit of employees' contribution to EPF/ESI, made before the due date of filing the return of income, is allowable as a deduction. Applicability of amendments made by Finance Act, 2021 to the assessment year in question.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 43B,Section 139(1),Section 2(24)(x)

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Income Tax Appellate Tribunal, ALLAHABAD ‘SMC’ BENCH, ALLAHABAD

Before: SHRI.VIJAY PAL RAO

For Respondent: Mr. A.K. Singh, Sr. DR
Hearing: 15.03.2022Pronounced: 16.03.2022

VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed against the order dated 27.10.2021 of CIT(A)-National Faceless Appeal Centre, Delhi for the assessment year 2018-19. 2. None has appeared on behalf of the assessee. However, the written submissions have been filed by the assessee in support of the appeal. In response to the written submissions filed by the assessee, the learned DR has also filed the written submissions. Accordingly, this appeal is taken up for disposal on the basis of the written submissions filed by the parties. The assessee has raised various grounds in this appeal. However, the solitary issue arises in this appeal of the assessee is regarding disallowance of Employees’ Contribution to EPF

The order continues below.

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