COMMERCIAL AUTO SALES PVT. LTD.,ALLAHABAD vs. ASSISTANT DIRECTOR OF INCOME TAX CENTRALIZED PROCESSING CENTRE, BENGALURU

ITA 15/ALLD/2021Status: DisposedITAT Allahabad20 January 2022AY 2019-2081 pages
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What did the Tribunal hold?

The Tribunal held that the amendments made by the Finance Act, 2021 are prospective and not retrospective. Following the jurisdictional High Court's decision and its own previous order, the Tribunal ruled that if employee PF/ESI contributions are deposited before the due date for filing the return of income, deduction under Section 36(1)(va) is allowable.

What were the facts?

The assessee deposited employee's share of PF/ESI late, beyond the statutory due date but before the due date for filing the return of income. The AO disallowed this amount, and the CIT(A) upheld the disallowance, citing amendments to Section 36(1)(va) and 43B by the Finance Act, 2021.

What were the issues?

Whether late deposit of employee's share of PF/ESI, made before the due date of filing the return of income, is allowable as a deduction under Section 36(1)(va) after the amendments by Finance Act, 2021.

Which sections of the Income-tax Act were involved?

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

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Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD

Before: SHRI VIJAY PAL RAO & SHRI RAMIT KOCHAR

Hearing: 23.12

PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER:

This appeal, filed by assessee with Income Tax Appellate Tribunal, Allahabad( hereinafter called “ the tribunal”) , being ITA No.15/Alld./2021, is directed against an appellate order dated 21.09.2021 vide DIN & Order No. ITBA/NFAC/S/ 250/2021-22/1035754511(1) passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre. Delhi (hereinafter called "the CIT(A)"),for assessment year(ay):2019- 20, the appellate proceedings had arisen before learned CIT(A) from intimation dated 30.04.20

The order continues below.

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