M/S. INDIGENOUS BUREAU OF INDIA,MUMBAI vs. CIT (A) NFAC, DELHI

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ITA 81/MUM/2022Status: DisposedITAT Mumbai31 May 2022AY 2018-198 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition made by the Assessing Officer was not justified. Following previous decisions, it was found that the amendment to Section 36(1)(va) and Section 43B of the Income Tax Act, 1961, by the Finance Act, 2021, was prospective and not applicable to the assessment years under appeal.

What were the facts?

The Assessing Officer made an addition of Rs. 6,70,755/- in the intimation under section 143(1) for delayed remittance of employee's contribution to PF & ESI. The assessee had paid these contributions after the due dates specified in the respective Acts but before the due date for filing the return of income.

What were the issues?

Whether the disallowance of delayed remittance of employee's contribution to PF & ESI, paid before the due date of filing the return of income, is valid when the amendment to Section 36(1)(va) is prospective.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 36(1)(va),Section 43B,Section 139(1)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI AMARJIT SINGH

Hearing: 31.05.2022Pronounced: 31.05.2022

आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. संबंधधत आयकर आयुक्त / The CIT(A) 4. आयकर आयुक्त(अपील) / Concerned CIT धिभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, अहमदाबाद / DR, ITAT, Mumbai 5. 6. गार्ड फाईल / Guard file.

आदेशानुसार/BY ORDER, सत्याधपत प्रधत //True Copy//

(Asst. Registrar) ITAT, Mumbai

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