2022 (1) TMI 989

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.... Income Tax Act, 1961 (hereinafter referred to as "Act"). 2. The solitary issue in the present appeals relates to the addition made to the income of the assessee in the intimation made u/s. 143(1) of the Act, by disallowing delayed payments of employees contribution to ESI and PF amounting to Rs. 13,05,110/- (in ITA No. 23/Chd/2021) & Rs. 1,07,24,240/- (in ITA No. 24/Chd/2021) by invoking the provisions of section 36(1)(va) of the Act. 3. The Ld. IT(A) upheld the addition relying upon various decisions of the ITAT and Hon'ble High Courts and also on the basis of the amendment effected by the Finance Act, 2021, to section 43B of the Act by insertion of Explanation-5 and to section 36(1)(va) of the Act by insertion of Explanation-2,....

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....sue has been adjudicated at para 5 to 7 of the order as under: "5. We have heard both the parties. It is not denied that the employees contribution to ESI and PF was allowable and claimed as deduction by the assessee on the strength of various decisions of the jurisdictional High Court holding contributions deposited by the due date of filing of return of income u/s. 139(1) of the Act as allowable. The Revenue has disallowed the same in the impugned year by applying the amendment made by Finance Act 2021 to section 36(1)(va) and 43B of the Act allowing the claim of such deduction only when paid by due dates specified in their respective Acts, holding the amendment to be applicable on all pending cases post the amendment. 6....