SHIV SHAKTI PRAKASHAN P LTD,BHOPAL vs. CPC BANGLORE, BANGLORE

ITA 210/IND/2021Status: DisposedITAT Indore30 March 2022AY 2018-195 pages
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What did the Tribunal hold?

The Tribunal held that the amendment by Finance Act, 2021, clarifying the 'due date' for employee's contribution, is not retrospective. Therefore, payments made before the filing of the return of income, even if after the statutory due date, should be allowed as a deduction.

What were the facts?

The assessee's appeal concerns the disallowance of Rs. 14,52,372/- under Section 36(1)(va) for delayed deposit of employee's contribution to PF/ESI. The addition was made by the CPC under Section 143(1) and upheld by the CIT(A).

What were the issues?

Whether the disallowance of employee's PF/ESI contribution deposited after the statutory due date but before the return filing date is justified, considering the retrospective or prospective nature of the Finance Act, 2021 amendments.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 43B,Section 143(1),Section 2(24)(x)

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: MS. SUCHITRA KAMBLE & SHRI BHAGIRATH MAL BIYANI

For Appellant: Shri S.S. Deshpandey, CA
For Respondent: Shri R.P. Maurya, Sr. D.R
Hearing: 23.02.2022Pronounced: 30.03.2022

PER SUCHITRA KAMBLE, JUDICIAL MEMBER :

This appeal is filed by the assessee against the order dated 15.09.2021 passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2018-19. 2. The grounds of appeal raised by the assessee are as under :

“1. The Ld. CIT(A), NFAC has erred dismissing the appeal and upholding the addition of Rs.14,52,372/- u/s.36(1)(va).

2.

The addition made is bad in law and hence be deleted.”

3.

The assessee filed its return of income on 18.08.2018 at a total income of Rs.80,20,820/-. Intimation under Section 143(1) of the Income Tax Act,

The order continues below.

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