2025 (2) TMI 1420

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..../01/2024 for the AY 2021-22 arising out of the Intimation passed U/s. 143(1) of the Income Tax Act, 1961 ("the Act"), dated 21/11/2022. 2. Briefly stated the facts of the case are that the assessee is an individual filed his return of income for the AY 2021-22 on 11/03/2022 admitting a total income of Rs. 11,54,10,750/-. The Ld. AO made an addition of Rs. 4,59,827/- as the assessee has not paid the PF & ESI within the due dates specified under the respective Acts. On being aggrieved, the assessee filed an appeal before the Ld. CIT(A). 3. Before the Ld. CIT(A), the Ld. AR for the assessee contended that with respect to the PF contribution for the month of April, 2020 the challan was generated on 15/05/2020 by the assessee but the banke....

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.... at the time of hearing." 4. Grounds No. 1 & 6 are general in nature and need no adjudication. 5. Grounds No. 2 & 3 are with respect to the disallowance of the employee contribution of PF & ESI made in the Intimation passed U/s.143(1) of the Act and confirmed by the Ld. CIT(A). On this issue, the Ld. AR submitted that the challan was generated on 15/05/2020 for PF contribution for the month of April-2020 and similarly challan was generated on 13/06/2020 for PF contribution for the month of May-2020. The banker has made the payment on 18/06/2020 and 20/06/2020 respectively. The Ld. AR submitted that the delay in the payment was due to Covid Pandemic prevailing at that point of time and hence, the banker has not made the payment. He fur....

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....hat it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. In the case of these liabilities, what constitutes the due date is defined by the statute. Nevertheless, the assessees are given some leeway in that as long as deposits are made beyond the due date, but before the date of filing the return, the deduction is allowed. That, however, cannot apply in the case of amounts which are held in trust, as it is in the case of employees' contrib....