2023 (4) TMI 797

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....ndent by : Shri Gudimella VP Pavan Kumar, D.R. ORDER PER CHANDRA POOJARI, ACCOUNTANT MEMBER: These appeals by the assessee are directed against order of NFAC dated 11.11.2022 for the AYs 2017-18 & 2018-19. 2. These appeals are filed by the assessee challenging the confirmation of disallowance made by the AO in respect of employees' contribution for the Provident Fund and ESI, which was....

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....lete, amend or substitute any or all of the above grounds of appeal as may be necessary at the time of hearing. 3. For these and other grounds that may be urged at the time of hearing of appeal, the appellant prays that the appeal may be allowed for the advancement of substantial cause of justice and equity." 3. We have heard the rival submissions and perused the materials available on....

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....unds in ITA No.1/Bang/2023 only. Accordingly, we admit the additional grounds. 3.2. The issue in these appeals is limited to disallowance of ESI/PF contribution to employees' share beyond specified date mentioned in respective Act and contributed within the due date of filing return of income u/s 139(1) of the Act. This issue came for consideration before Hon'ble Supreme Court in the case of CH....

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....n the prescribed due date under the respective PF Act or Scheme will result in negating employer's claim for deduction permanently forever u/s.36(1)(va). On the other hand, delay in payment of employer's contribution is visited with deferment of deduction on payment basis u/s.43B and is therefore not lost totally. Therefore, as per the above decision, the disallowance made by the Revenue a....