2023 (10) TMI 1421

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....he assessee arises out of the order dated 06-03-2023 passed by the National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called "the Act') in relation to the assessment year 2019-20. 2. The only issue raised in this appeal is against the confirmation of disallowance u/s.36(1)(va) amounting to Rs. 7,07,429/- made by the ADIT, CPC, Bengaluru in the in....

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.... has been set to rest by the Hon'ble Supreme Court in the aforenoted case of Checkmate Services (supra) by holding that the delay in the deposit of the employee's share beyond the due date prescribed under the respective Acts has to be confirmed notwithstanding the fact that the amount was actually deposited before the due date u/s.139(1) of the Act. It is further noted that the Finance Act, 2021 ....

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....e to be considered as the one which is stipulated under the respective Acts; and that the provisions of section 43B, granting the benefit of deduction even if the amount is actually paid after the close of the year but before the due date u/s 139(1) of the Act, shall not apply. Simultaneous amendment has been carried out to section 43B by means of insertion of Explanation 5 by the same Finance Act....

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....ed provident fund etc. continues to get deducted in the same previous year even if it is paid beyond the due date under the respective Acts but before the due date for filing of return u/s.139(1). In view of the above position, I hold that the authorities below were justified in not allowing deduction u/s.36(1)(va) in respect of employee's contribution to ESI/EPF. 5. The ld. AR submitted that w....