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    <title>2022 (5) TMI 92 - ITAT DELHI</title>
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    <description>The appeal was filed against the disallowance of payment of employees&#039; contribution towards Provident Fund and ESI under section 36(1)(va) read with section 43B of the Income-tax Act, 1961. The National Faceless Appeal Centre upheld the disallowance citing the retrospective nature of the amendment by the Finance Act, 2021. However, based on established legal principles and previous judgments, the Tribunal ruled in favor of the assessee. It was held that no disallowance could be made if the payment was made before the due date of filing the return of income. The disallowance was deleted, and the appeal by the assessee was allowed.</description>
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      <title>2022 (5) TMI 92 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=421832</link>
      <description>The appeal was filed against the disallowance of payment of employees&#039; contribution towards Provident Fund and ESI under section 36(1)(va) read with section 43B of the Income-tax Act, 1961. The National Faceless Appeal Centre upheld the disallowance citing the retrospective nature of the amendment by the Finance Act, 2021. However, based on established legal principles and previous judgments, the Tribunal ruled in favor of the assessee. It was held that no disallowance could be made if the payment was made before the due date of filing the return of income. The disallowance was deleted, and the appeal by the assessee was allowed.</description>
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