2022 (2) TMI 182

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Shri Rohit Mujumdar ORDER PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A)'s National Faceless Appeal Centre (NFAC) order dated 18/11/2021 for AY 2018-19 involving proceedings u/s 154 of the Income Tax Act, 1961, in short "the Act". 2. The only issue involved in this appeal is that the addition of Rs. 1,04,21,060/- towards employees' contribution to PF & ESI ma....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the employees' contribution to PF paid after the due date, but, before the due date of filing the return of income. Therefore, the issue has been settled that if the assessee has paid the PF and ESI payments before the due date of filing of return income u/s 139(1) of the Act, no disallowance is warranted as held by the coordinate bench of the ITAT Hyderabad in case of ITA No. 2197/Hyd/2017 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dment in both Section 36(va) as well as Section 43B by inserting corresponding Explanations that although the impugned employees provident fund comes under the former provision only, the same is applicable from 01-04-2021 onwards. Meaning thereby that the legislature itself has condoned the impugned default before 01-04-2021. We thus delete the impugned employees provident fund disallowance of Rs.....