2022 (10) TMI 293

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....the assessee is directed against the order passed by the National Faceless Appeal Centre (NFAC), Delhi on 15-09-2021 in relation to the assessment year 2019-20. 2. The only issue raised in this appeal is against the confirmation of disallowance of Rs.19,38,839/- made by the Assessing Officer (AO) u/s.36(1)(va) of the Act on account of late deposit of the Employees' share of EPF and ESI etc. 3. B....

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....nowledged in the assessment order. The issue of disallowance in such circumstances is no more res integra in view of several judgments allowing deduction u/s 36(1)(va) of employees' share of contribution deposited after due date under the respective Acts but before the date prescribed u/s 139 of the Act. The Hon'ble Himachal Pradesh High Court in CIT vs. Nipso Polyfabriks Ltd. (2013) 350 ITR 327 (....

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....ides that this amendment will take effect from 1st April, 2021 and will, accordingly apply in relation to assessment year 2021-2022 and subsequent assessment years. Since the assessment year under consideration is 2019-20, which is anterior to the amendment carried out with effect from A.Y. 2021-22, we hold that the position of law as settled by various Hon'ble High Courts including the one in CIT....