2021 (6) TMI 1142

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....t : Shri R. Mujumdar, DR ORDER PER S.S. GODARA, J.M. This assessee's appeal for A.Y. 2018-19 arises against the Commissioner of Income Tax (Appeals) "[CIT(A)]"-3, Hyderabad's order dated 26.02.2020 passed in case no. 19799/2019-20 in proceedings u/s 143(1) of the Income Tax Act, 1961 [in short 'the Act']. Heard both the parties. Case file perused. Assessee has raised the following s....

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....plicable in respect of employee contribution. : [tax effect: Rs. 13,33,033/-] 4. The Ld. CIT (A) ought to have appreciated the fact that the provisions of section 43B permits allowance of payments made up to the due date of filing the return of income and the section 36(1)(va) of the 1.T act should be read along with section 43B of the 1. T act. [tax effect: Rs. 13,33,033/-] 5. T....

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....are applicable even to the payments made by the appellant towards employee's contribution t PF and ESI before the due date of filing of return f income, as held by the hon'ble ITAT Hyderabad and other Courts of law I number of cases 8. The assessee may add alter, or modify or substitute any other points to the grounds of appeal at any time before and or at the time of hearing of the appea....

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....ame has been clarified to be applicable only with prospective effect from 1.4.2021, we hold that the impugned disallowance is not sustainable in view of all these latest developments even if the Revenue's case is supported by the following case laws. (i) CIT vs. Merchem Ltd, [2015] 378 ITR 443(Ker); (ii) CIT vs. Gujarat State Road Transport Corporation (2014) 366 ITR 170 (Guj.); (iii) CIT vs. S....