2022 (11) TMI 271

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....the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre, (CIT (A) erred in confirming the adjustment made u/s 143(1) (a) resulting into disallowance of Rs. 1,24,862/- in respect of club expenses made by the learned Assessing Officer made under the Income Tax Act-1961 2. That in the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeals)- -National Faceless Appeal Centre (CIT (A) erred in confirming the adjustment made u/s 143(1) (a) resulting into addition of Rs. 4,74,405/- in respect of any sum received from employees as contribution to any PF or ESIC Fund to the extent not credited to the employees account on or before the due date) made by ....

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....lub Expenses and deemed income of Rs. 4,74,405/- u/s 36(1) (va) r.w.s. 2(24) (x) of the Act for late deposit of employee's contribution to P.F. and E.S.I. in accordance with timelines as specified in statutes governing P.F. and E.S.I. respectively. 3. Against this intimation dated 10-01-2019, assessee filed an appeal before the Ld. CIT (A), Mumbai on 08-02-2019. 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 4 grounds of appeal. Ground No. 1 not pressed by the assessee, Ground No. 2 & 3 are interrelated, hence, disposed in a consolidated manner. Ground No. 4 is general in nature and required no s....

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....6 ITR 170(GUJ.) 8. In support of assessee's contention, we placed reliance on the decisions of Hon'ble Jurisdictional High Court in the case of Ghatge Patil Transport (368) ITR 749 and Hindustan Organics Ltd (366) ITR 1 and assessee placed reliance in the case of Hon'ble Delhi High Court in CIT Vs. AIMIL Ltd. (321 ITR 508). The schedule of actual date of payment as verified by us is as under and confirms the law laid down by Ghatge Patil Transport and CIT Vs. AIMIL Ltd. (supra): 20. b Details of contributions received from employees for various funds as referred to in section 36(1)(va): Sr.No. Nature of Fund Sum received from the employees Due date for payment The actual amount paid The actual date of payment to concerned authorit....

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....by both the parties and facts of the case, in this regard the decision of honourable Supreme Court in the matter of C.I.T vs. Raghuvir Synthetics Ltd. (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 n....