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2021 (11) TMI 1021

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.... assessee wherein the correctness of the order dated 22.07.2021 passed u/s 250 of the Income Tax Act,1961 by the CIT(A) (NFAC i.e. National Faceless Appeal Centre) Delhi pertaining to 2019-20 assessment year has been assailed on the following Grounds : 1. That the learned CIT(A) has erred in law and on facts in confirming the actions of learned ADIT, CPC Bangalore in making disallowance of Rs. 1....

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....4. We have heard the rival submissions and perused the material available on record. It is seen that in the facts of the present case the assessee was subjected to an addition to its returned income by way of a disallowance on account of late payment of ESI collected from its employees amounting to Rs. 1,89,781/-. The addition was made on account of the fact that this amount out of a payment of Rs....

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....nt Roadways Pvt. Ltd. V Dy. CIT, Hyderabad in ITA No. 1952/Hyd./2018, order dated 27.08.2021 have consistently held that in case the payment is made before the filing of the return within time as stipulated u/s 139(1), the disallowance cannot be made. All along there are consistent orders of the Chandigarh Benches also wherein relying upon the decisions of the Jurisdictional High Court namely CIT ....

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....the fact the various Co-ordinate Benches have consistently held that the amendment to section 36(l)(va) and u/s 43B of the Act effected by the Finance Act 2021 is applicable prospectively. Reading from the Notes on Clauses at the time of introduction of the Finance Act, 2021, it has been held that the amendment is applicable from 2021-22 and subsequent assessment year. Accordingly, considering the....