2021 (10) TMI 1282

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.....Y. 2018-19 on 30.09.2018 declaring total income at Rs. 47,17,380/-. CPC Bangalore vide intimation issued u/s 143(1) of the Act dated 29.04.2019 determined the total income at Rs. 49,55,210/- by making disallowance of Rs. 2,37,823/- u/s 36(1)(va) of the Act on account of non-deposit of the employees' contribution towards PF/ESIC before the prescribed due dates. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who by considering the amendment made by finance bill 2021 upheld the order of AO. Aggrieved by the order of CIT(A), assessee is now in appeal and has raised the following grounds: 1. The Ld CIT(A) erred in confirming the addition of Rs. 25263 made by the Id Assessing Officer representing delay in re....

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....f the Income Tax Act 1961 brought in vide Finance Act 2021. 7. The Ld Assessing Officer erred in rejecting the principle if two views are possible, one in favour of the assessee should be adopted keeping in view the facts and circumstances of the case and he ought to have deleted the addition of Rs. 25263 and Rs. 212560 respectively for late deposit of employees contribution to ESI &PF. 8. The appellant craves leave to add, amend, delete and modify any grounds of appeal before/during the hearing of the appeal and all the above grounds are without prejudice to each other. 4. At the outset, Learned AR submitted that though the assessee has various grounds but the sole controversy is with respect to disallowance of delayed....

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....14 of the aforesaid order. He also placed reliance on the decision rendered by Delhi Tribunal in the case of Azamgarh Steel & Power Pvt. Ltd. in ITA No.1626/Del/2020 dated 31.05.2021. He therefore submitted that no disallowance is called for in view of the various decisions rendered by the Coordinate Benches of Tribunal and Hon'ble Punjab and Haryana High Court. 6. Learned DR on the other hand supported the order of lower authorities and further submitted that Explanation 2 inserted in Finance Act 2021 was for removal of doubts. He also placed reliance on the decision of Delhi ITAT in the case of Vedvan Consultants Pvt. Ltd. in ITA No.1312/Del/2020 order dated 26.08.2021. 7. I have heard the rival submissions and perused the materials....