2022 (7) TMI 109

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.... u/s 143 (1) of the income tax act, 1961 (the act) of disallowance of Rs. 898,343/- on account of delayed payment of employees contribution to the provident fund disallowable u/s 36 (1) (va) of the act was confirmed. 2. Assessee aggrieved has raised the following grounds of appeal:- a. The order passed by the learned Commissioner of appeals (CIT - A) to the extent appeal against is against law, equity and justice. b. The learned CIT - A order in confirming the adjustment made by the assessing officer while processing the return u/s 143 (1) of the act, of the amount of employee share of provident fund remitted beyond the due date specified in the respective act, but before the due date of filing of the return of income. ....

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....y order dated 26/8/2021 wherein it has been held that Central processing centre is within its statutory power to make such an adjustment as the audit report filed by the assessee has disallowed the impugned amount but appellant has claimed it by way of deduction in return of income against the audit report in the captioned assessment year. It was also held that provisions of Section 43B (b) applies only to employers contribution. Further reliance on the decision of the honourable Gujarat High Court in case of CIT versus Gujarat state Road transport Corporation (366 ITR 170) as well as amendment made by the finance act 2021 to Section 36 (1)(va) and Section 43B on the merits also the disallowance was confirmed. Therefore, assessee is in appe....