Tribunal directs verification of pension non-deposit disallowance under Section 43B.

The Tribunal partially allowed the appeal, directing the Assessing Officer to verify the disallowance of Rs. 46,06,60,582 under Section 43B for non-deposit of monthly pension. If payment was made before the due date, the disallowance may be deleted. The disallowance of Rs. 12,33,470 towards PF & ESI was deleted based on legislative intent and judicial precedents.

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Issues:
1. Disallowance of Rs. 46,06,60,582 under Section 43B for non-deposit of monthly pension.
2. Disallowance of Rs. 12,33,470 towards PF & ESI.

Issue 1: Disallowance of Rs. 46,06,60,582 under Section 43B for non-deposit of monthly pension:
The appellant challenged the disallowance of Rs. 46,06,60,582 under Section 43B for not depositing monthly pension. The appellant claimed that the amount was paid before the due date of filing the return of income and there was an inadvertent mistake in the tax audit report. The Tribunal noted that no details were submitted before the first appellate authority. Considering the claim made by the appellant and to ensure fairness, the issue was restored to the Assessing Officer for verification. If the payment is found to be made before the due date, the disallowance may be deleted; otherwise, further action can be taken.

Issue 2: Disallowance of Rs. 12,33,470 towards PF & ESI:
The appellant contested the disallowance of Rs. 12,33,470 for employees' contribution towards PF & ESI. The appellant argued that the amount had been paid before the due date of filing the return of income, relying on a Tribunal decision. The Tribunal referred to a previous case where it was held that the amendment regarding employees' contribution was prospective from AY 2021-22 onwards. The Tribunal relied on legislative intent and judicial precedents to conclude that the disallowance should be deleted since the contribution was made before the due date. Therefore, the Tribunal allowed the appellant's appeal on this issue, directing the Assessing Officer to delete the disallowance.

In conclusion, the Tribunal partially allowed the appeal, allowing the appellant's contentions regarding both the disallowances. The disallowance of Rs. 46,06,60,582 under Section 43B for non-deposit of monthly pension was restored to the Assessing Officer for verification, while the disallowance of Rs. 12,33,470 towards PF & ESI was directed to be deleted based on legislative intent and judicial precedents.

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