2022 (6) TMI 1052

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....ssessee in appeal has raised five grounds. All grounds are directed towards the single issue of disallowance of late payment of employee contribution to Provident Fund (PF) Rs. 91,378/-. The ld. Authorized Representative (AR) submitted that the assessee had filed its return of income on 26.11.2019 declaring total income of Rs. 1,19,78,980/-. The assessee received a communication from Central Processing Centre, Bangalore (in short 'CPC') under section 143((1)(a) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') proposing adjustment under section 36(1)(va) in respect of late payment of PF. In response to the aforesaid notice, the assessee filed reply stating that the payments were made before due date of filing return of inco....

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....ld not fall within the purview of amended provisions. The ld. AR referred to memorandum explaining the provisions in the Finance Bill, 2021. The ld. AR pointed that it has been specifically mentioned in the memorandum that the amendment will take effect from 01.04.2021 and will accordingly apply to AY 2021-22 and subsequent AYs. The ld. AR submitted for the impugned AY, the law laid down by the Hon'ble Supreme Court of India and the Hon'ble Jurisdictional High Court would be applicable with regard to allowability of payments towards PF/ESI before due date of filing of the return of income. 3. Per contra, Sh. R. A. Dhyani representing the Department vehemently defended the impugned order and prayed for dismissing the appeal of the assesse....