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    <title>2023 (1) TMI 398 - ITAT BANGALORE</title>
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    <description>Employees&#039; contribution to provident fund and ESI paid before the due date for filing the return under section 139(1) remained deductible even if remitted after the due dates under the welfare laws, following the jurisdictional High Court view. The Finance Act, 2021 amendments to sections 36(1)(va) and 43B were treated as creating a fresh liability and were applied prospectively from 1 April 2021, because the statute did not expressly make them retrospective and the explanatory material supported prospective operation. On that basis, disallowance under section 36(1)(va) was unsustainable and the addition was deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=432651</link>
      <description>Employees&#039; contribution to provident fund and ESI paid before the due date for filing the return under section 139(1) remained deductible even if remitted after the due dates under the welfare laws, following the jurisdictional High Court view. The Finance Act, 2021 amendments to sections 36(1)(va) and 43B were treated as creating a fresh liability and were applied prospectively from 1 April 2021, because the statute did not expressly make them retrospective and the explanatory material supported prospective operation. On that basis, disallowance under section 36(1)(va) was unsustainable and the addition was deleted.</description>
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