2022 (8) TMI 1526

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e ld CIT(A) in confirming the disallowance made by the AO in respect of PF and ESIC paid beyond the due date under the respective Act but before the due date of filing of return of income. It was the submission that the issue is squarely covered by the decision of Co-ordinate Bench of this Tribunal in the case of Rukmani Infra Projects Ltd vs ACIT in ITA No.358/CTK/2017 order dated 30.3.2022, wherein, the Co-ordinate Bench of this Tribunal has held as follows: "7.13 On perusal of the above judgments in favour of the assessee and other quoted by the Ld DR in contrast. Having two opposite opinions on the same issue, it is a moot question that which view should be appreciated. To reach on a judgment on the controversy under this ground in ab....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... as declaratory/statutory or curative in nature. The relevant observations of the Hon'ble Apex Court in this regard in para 38 are as under :- "38. When we examine the insertion of proviso in Section 113 of the Act, keeping in view the aforesaid principles, our irresistible conclusion is that the intention of the legislature was to make it prospective in nature. This proviso cannot be treated as declaratory/statutory or curative in nature.  7.17 Keeping in sight of the above discussion, in the present case which is for the asst. year 2013-14, it is an undisputed fact that the Employees contribution for EPF was duly deposited by the Assessee Company before the due date of filing of return u/s 139(1) of The Income Tax Act. The year....