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Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This appeal by the assessee against the order dated 23-11-2021 passed by the National Faceless Appeal Centre, Delhi (‘NFAC’) for assessment year 2017-18.
The assessee raised two grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(A), NFAC, Delhi justified in confirming the addition u/s. 36(1)(va) of the Act to an extent of Rs.8,01,203/- on account of delayed payment of employee’s contribution to ESIC/PF in the facts and circumstances of the case.
3. We note that the assessee is a company engaged in the business of manufacturing and trading of rubber moulded parts, metal bounded rubber parts and anti-vibration mouldings. The CPC, Bengaluru vide intimation u/s. 143(1) of the Act made addition of Rs.8,01,203/- on account of disallowance u/s. 36(1)(va) towards delayed payment of employee’s contribution to provident fund. The assessee contended that the employee’s contribution towards PF has been paid before the due date of filing of return of income for A.Y. 2017-18 but however the CPC, Bangalore as well as CIT(A), NFAC, Delhi did not accept the submissions of assessee and the CIT(A), NFAC held that the assessee would be entitled to deduction only if the contribution to the employee’s welfare fund stood credited on or before the due date under the respective Act. We note that the NFAC by following the amendment made by Finance Act, 2021 to section 36(1)(va) of the Act found the submissions of assessee regarding deposit of employees contribution before the due date of filing return of income not acceptable. We note that the said amendment is applicable from 1st April, 2021 and since the assessment under consideration is A.Y. 2017-18, the amendment is not applicable on the facts in hand. We note that the assessee contended that the contribution to ESIC/PF was paid before due date of filing of return of income before the CIT(A) which is evident from para No. 8.3 of the impugned order and we find the CIT(A) did not dispute the same. Therefore, the order of CIT(A) is not justified and it is set aside. Thus, the grounds raised by the assessee are allowed.
In the result, the appeal of assessee is allowed.
Order pronounced in the open court on 30th August, 2022.