2022 (9) TMI 1678

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.... Jasnani ORDER PER G. D. PADMAHSHALI, AM; The appeal is assailed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [for short "NFAC"] dt. 22/06/2021 passed u/s 250 of Income-Tax Act, 1961 [for short "the Act"], which leapt out of an order of intimation passed u/s 143(1) of the Act, by Asstt. DIT, CPC-Bengaluru [for short "CPC"] dt. 14/05/202....

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....nder relevant Act, but before the due date of filing of ITR u/s 139(1) of the Act. 4. The assessee's submission in an appeal before first appellate authority i.e. NAFC did not yield any relief, consequently the appellant is before the Tribunal seeking reversal of disallowance contending that, the amendment to section 36(1) (va) is prospective in nature. 5. During the course of physical heari....

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....sition and the case laws relied upon by the appellant assessee as well the respondent revenue. 7. In reaching the adjudication, it is apt to quote from notes on clause 8 to finance bill, which reads as; Clause 8 of the Bill seeks to amend section 36. . . . . Sub-section (1) . . . . . Clause (va) . . . . . Explanation 1 to the said clause provides that for the purposes of this clause, "....

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....8. The conjunctive reading of section 36(1)(va) r.w.s. 43B and the newly amended explanation 1 & 2 to section 36(1)(va), it shall be suffice to state that, the deduction towards payment of employee's contribution to EPF/ESI etc., henceforth i.e. from AY 2021-2022 shall be available only when the said sum is deposited within the due date prescribed under the relevant acts without reference to secti....