ITAT Kolkata Judgments — September 2021

The Tribunal allowed the assessee to withdraw the appeal with the liberty to file a fresh appeal against the Principal CIT's order. The time spent on the withdrawn appeal was to be excluded for limitation purposes.

The Tribunal held that the amendment by the Finance Act, 2021, is prospective and not applicable to the assessment years in question. Therefore, the additions made on account of delayed payment of employees' PF & ESI contributions, when remitted before filing the return, were directed to be deleted.

The Tribunal condoned the delay in filing the appeal. However, it held that the assessee could not change the nature of the appeal by filing a revised form and allowed the appeal to be withdrawn.

The Tribunal held that the amendment by the Finance Act, 2021, is prospective and not applicable to the assessment years in question. Therefore, the additions made on account of delayed payment of employees' PF & ESI contributions, when remitted before filing the return, were directed to be deleted.

The Tribunal held that the amendment by the Finance Act, 2021, is prospective and not applicable to the assessment years in question. Therefore, the additions made on account of delayed payment of employees' PF & ESI contributions, when remitted before filing the return, were directed to be deleted.