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4 orders · Page 1 of 1
The Tribunal held that the amendments to Section 36(1)(va) and Section 43B of the Act regarding the due date for employee contributions are prospective. Payments made before the due date of filing the return of income are allowable.
The Tribunal restored the issues to the file of the AO for readjudication, considering the difficulties faced by the assessee due to Covid and health problems. The assessee was directed to cooperate and furnish details.
The Tribunal granted the assessee another opportunity to be heard before the CIT(A), subject to a cost of Rs. 5000/- payable to the AO.
The Tribunal condoned the delay, considering the substantial cause due to the COVID-19 pandemic and the principle of substantial justice over technicality. Subsequently, on merits, the Tribunal quashed the order passed under Section 263, finding that the issues raised by the Pr.CIT did not result in any additions and were unsustainable.