2022 (7) TMI 1206

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..... K. Panda , A. M This appeal filed by the assessee is directed against the order dated 1.10.2021 of the learned CIT (A)- NFAC, relating to A.Y.2019-20. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the CIT(A)/NFAC in sustaining the addition of Rs.30,53,317/- made by the Assessing Officer u/s 36 of the I.T. Act on a/c of delayed payme....

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.... r.w.s. 2(24)(x) Rs.30,53,317 Disallowance of payment of gratuity disallowed u/s 43B Rs. 68,790 Disallowed an amount towards profit on sale assets Rs.59,343 5. The learned CIT (A) NFAC deleted the addition of Rs.68,790/- on account of payment of gratuity and Rs.59,343/- towards profit on sale of assets. However, he sustained the addition of Rs.30,53,317/- on account of payment towards ....

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....itted that this being a covered matter in favour of the assessee, the order of the CIT(A) be set aside and the addition made by the AO and upheld by the CIT (A)/NFAC should be deleted. 8. The learned DR on the other hand heavily relied on the order of the CIT(A)/NFAC. He submitted that the Finance Act, 2021 has amended the provision of section 43B, as well as section 36(1)(va) by insertion of exp....

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....ed on behalf of the assessee. We have also considered the various decisions cited before us by both sides. We find the AO in the instant case made addition of Rs.30,53,317/- on account of delayed deposit of employees' contribution to PF and ESIC on the ground that the same were deposited beyond the due date prescribed in the said Act. We find the CIT(A)/NFAC rejected the contention of the assessee....