2022 (8) TMI 257

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.... raised the following grounds of appeal: Sr.No. Grounds of Appeal Tax effect relating to each Ground of Appeal (Rs.) 1 The Commoner of come tax (Appeals) National Faces Appeal Centre erred in passing the order without granting opportunity of being heard to the Appellant.   2 The Appellant submits, had the CITA) granted opportunity of being heard, the Appellant would have demonstrated that the employees contribution to Provident Fund of Rs. 37,59,169/- for the month of December, 2016 was deposited within the extended due date prescribed by EPFO.   3 Both the lower authorities erred in disallowing under Section 36(1)(va) employees' contribution to Provident Fund, late payment of employees' co....

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....mbai on 23-04-2019. The Ld. CIT (A)(NFAC) also confirmed the intimation processed u/s 143(1). Against this order of NFAC, assessee appellant instituted an appeal before Income Tax Appellant Tribunal. Raising total 7 grounds of appeal. 4. All the grounds are interrelated hence disposed off simultaneously by common finding. We have gone through the intimation processed u/s 143(1)(a) and order passed by the Ld. CIT(A) u/s 250 of the act. While deciding the issue we have gone through the paper book dated 2ND MAY 2022 filed by the assessee before the ITAT and both the lower authorities. 5. Ld. CIT (A) while deciding this issue has relied upon the reporting of the tax auditor wherein, he simply reported about the due dates of payment under ....

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....394) ITR 1, is relevant. In this decision honourable apex court held that A.O. is duty bound by the decision of the jurisdictional High Court and any view contrary to the jurisdictional High court is a mistake. 10. Further both the lower authorities relied upon the amendment made by finance act, 2021 to section 36(1)(va) and 43B as per Ld. CIT(A) this amendment is curative in nature and retrospective in application. 11. On this issue jurisdictional ITAT and various coordinated benches held that the amendment made by the finance Act 2021 to sec 36(1)(va) and section 43B are prospective in nature, effective from assessment year 2022-23. We respectfully follow the decision of the Hyderabad Bench of the ITAT in the case of Crescent Roadwa....