TaxTMI 
TaxTMI 
2022 (5) TMI 1566
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.... Versus Assessing Officer, Circle1(1)(1), Meerut, Shradha Saburi Hospitalities P. Ltd. Versus DCIT, Circle-22(2), New Delhi, Naresh Kumar Chawla Versus ADIT, Bengaluru, Mare Sanitation Pvt.Ltd. Versus DDIT, CPC, Bengaluru, Mare Sanitation Pvt.Ltd. Versus DDIT, CPC, Bengaluru, Dinesh Bhardwaj Versus DCIT, CPC, Banglore, IDP Education India Pvt.Ltd. Versus Assessing Officer, National eAssessment Centre, Delhi, IDP Education India Pvt.Ltd. Versus ADIT, CPC Bengaluru, Rohit Salwan Versus DCIT, CPC Bengaluru, Sansun Staffing Solutions Pvt.Ltd. Versus ITO, Ward-22(3), New Delhi, TK Elevator India Pvt. Ltd. Versus ACIT, Circle-25(1), New Delhi, Salve Pharmaceuticals Pvt. Ltd. Versus CPC Bangalore, Pankaj Kumar Versus ITO, Ward-3(2), Gurgaon., Rakesh Kumar Gupta Versus Assessing Officer, Delhi, Shri Garuna Management Service Pvt. Ltd. Versus DCIT, CPC, Ward-27(3), New Delhi., Venus Hotelware Pvt. Ltd. Versus Assessing Officer, Ward-26(2), Delhi, S.V.S. Facilitators Versus ADIT, Bangalore, Shri Ashok Kumar Versus ITO, Gurgaon, Shri Ashok Kumar Versus ITO, Gurgaon, Stelatoes Shoe Bazar Versus DCIT, CPC, Bengaluru, GDA Security P. Ltd. Versus CPC, Bangalore, GDA Security P. Ltd. V....
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....tioner : Shri Rakesh Kumar, CA, Shri Sanjay Sapra, FCA, Shri S.K.Bansal,CA, Shri Sant Kapoor, Adv., Shri Sant Kapoor, Adv., S/Shri Kamal Sawhney, Adv. & P. Mehrchandani, Adv., S/Shri Kamal Sawhney, Adv. & P. Mehrchandani, Adv., Shri Shrey Chakarbarty, Adv., Shri Pravesh Sharma, Adv, Shri Manoj Sabarwal,Adv., Shri Suresh K Gupta, CA, S/Shri Kapil Goel, Adv. & Sandeep Goel, Adv., Ms. Vibha Kulkarni, Adv. & Sh. H.Aggarwal, Adv., Shri J.S.Kochar, CA, Shri Krishna Kumar, CA, Shri Krishna Kumar, CA, Shri Yishu Goel, CA, Shri Manoj Sabharwal, Adv., Shri Manoj Sabharwal, Adv. Ms.Manisha Sharma, Adv., Shri Arvind Kumar Mehashwari,CA, Shri Ashish Goel, CA, Shri Sanjeev Sapra, CA & Shri Satish Sapra, Adv., Shri Sunil Gupta, CA, Shri Manoj Garg, CA, Shri Manoj Garg, CA, Shri Canitin Kanwar, Adv, Shri Ashok Khandelwal, CA, , Shri Ashok Khandelwal, CA, Shri S.Krishanan, Adv., Shri S.Krishanan, Adv., Shri Rahul Chaurasia, CA, Shri Saten Setri, Adv., Shri Rajeev Mago, CA, Shri Rajeev Mago, CA, Shri Rajeev Mago, CA, Shri Vijay Singla, CA, Shri Sushil Wadhva, CA, Shri Shrey Chakarbarty, Adv, Shri Tilak Channa, Adv, Shri Satya Ahuja, CA, Shri S.Krishanan, Adv.,And Shri Anuj Tiwari, Adv. For the Resp....
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....gly apply to AY 2021-22 and subsequent Assessment Years. Thus the legislature itself has condoned the impugned default before 01.04.2021. 3. Latest Case Laws relied upon After amendment in Finance Act 2021(Covered Matter) Insta Exhibitions Private Limited vs ACIT ITA No 6941/DEL/2017 (and ITA no 4959/DEL/2016) wherein it was held that belated payments of ESI and PF cannot be treated as deemed income u/s 2(24). Further it was held that 'notes on clauses introducing Finance Bill holds that amendment is effective from A.Y 2021-22' and thus deleted the addition on this account. Shashi Rajawat u/s ITO (ITAT Jaipur) (Pronounced on 12.10.2021) Employee contribution towards ESI/PF though paid before due date of filing of return of Income Tax u/s 139(1) is hereby directed to be deleted. CIT (A) referred explanation to 36(1)(v)(a) and 43 B by Finance Act 2021 and referred the rationale of amendment as explained in memorandum, However, he has simply failed to consider the express wording as the ITAT memorandum which say "these amendments will take effect from 01.04.2021 and will accordingly apply to assessment year 2021-22 and subsequent assessment years. Vansh Jain vs ITO (ITA ....
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....here has been delay in deposit of PF/ESIC Contributions but all the contributions received by the assessee from its employees, have been deposited with the appropriate authorities before the filing of return of income by the assessee. He therefore, submitted that since the amounts have been deposited before the filing of return of income, no disallowance is called for and for aforesaid proposition, he relied on the decision of Azamgarh Steel & Power vs. CPC in ITA No.1626/Del/2020 dated 31.05.2021 and CIT vs. AIMIL Ltd. [2010] 188 Taxman 265 (Delhi) and various other decisions. 6. Learned Sr. DR on the other hand supported the order of lower authorities and also placed reliance on the decision of Delhi Tribunal in the case of Vedvan Consultants Pvt. Ltd. vs DCIT in ITA No.1312/Del/2020 order dated 26.08.2021. He also submitted that the amendment brought out by Finance Act 2021 would be applicable to the present case as by the amendment, it has been clarified that provisions of Section 43B of the Act shall not apply and shall be deemed never to have been applied to a sum received by the assessee from any of his employees to which the provisions of sub clause (x) of Clause (24) of S....