TaxTMI 
TaxTMI 
2022 (4) TMI 1282
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....nt year 2019-20. 2. In this appeal, the assessee has raised following grounds:- "The Appellant appeals against the impugned order dated 23 July 2021 passed by Commissioner of income Tax - National Faceless Appeal Centre (NFAC) (hereinafter referred to as CIT(A)-NFAC') under section 250 of the Income-tax Act, 1961 ('The Act'), on the following ground(s): 1. The Learned CIT(A)-NFAC erred in law and as well as facts of the case in upholding the disallowance made by Asst Director of Income Tax , CPC towards delayed payment of employee's contribution to provident fund of INR 17,17,650 under section 36(1)(va) of the Act, without appreciating the fact that the said payments were made within the due date of filing of appellant&....
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....missed the appeal filed by the assessee holding that belated payment of employee's contribution towards provident fund is not allowable under section 36(1)(va) of the Act relying upon the decisions of Hon'ble Madras High Court and Hon'ble Gujarat High Court. The learned CIT (A) further held that the amendment has been brought in the recent Finance Act that the delayed payment cannot be allowed under section 43B. Being aggrieved, the assessee is in appeal before us. 6. During the course of hearing, Shri Hiro Rai, learned counsel appearing for the assessee submitted that employee's share of provident fund was deposited well before the due date of filing income tax return. The late payment is with regard to the due date provided in Employees ....
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....urn of income. The only basis on which the Revenue denied the claim of assessee in respect of employee's contribution to provident fund was that the payment was made beyond the due date prescribed under the relevant provident fund statute. 9. We find that the Hon'ble Jurisdictional High Court in Ghatge Patil Transports Ltd. (supra) held that both employee's and employer's contributions are covered under the amendment to section 43B of the Act, relying upon the decision of the Hon'ble Supreme Court in CIT v/s Alom Extrusions 319 ITR 306(SC), and therefore payment of employee's contribution on or before the due date of filing of return of income is allowable. 10. We further find that the Co-ordinate Bench of Tribunal in New Consolidated Con....