2022 (10) TMI 1028 - AT - Income Tax

Delayed deposit of ESI PF - Scope of amendment to section 43B - HELD THAT - We are in agreement with the view taken by the coordinate Bench of Kolkata in the case of Lumino industries Ltd. 2021 (11) TMI 926 - ITAT KOLKATA that the amendment brought to the statute by Finance Act 2021 is applicable from AY 2020-21 onwards and the present appeal pertains to AY 2018-19. In the present case, undisputedly, the assessee deposited amount of ESI PF before due date of filing of return and impugned disallowance has been made by CPC while processing the return of income u/s 143(1) of the Act. In the similar situation the coordinate Bench of the Tribunal in the case of Kalpesh Synthetics (P) Ltd. 2022 (5) TMI 461 - ITAT MUMBAI observed that the scope of prima facie disallowance u/s 143(1) of the Act is inherently very limited and only such disallowance can be made under this statutory provision as can be conclusively held to be inadmissible based on material on record. Appeal filed by the assessee is allowed.

Summary

Issues:
1. Addition under section 36(1)(va) of the Income Tax Act, 1961.
2. Applicability of the amendment to section 43B from Assessment Year 2020-21.
3. Compliance with jurisdictional High Court rulings.
4. Violation of principles of natural justice in passing the order.

Analysis:
1. The appeal challenges the addition of Rs. 40,42,609.00 under section 36(1)(va) of the Income Tax Act, 1961. The assessee contends that the amendment to section 43B is applicable from Assessment Year 2020-21, thus the addition was erroneous. The Assessing Officer and CIT(A) confirmed the addition without providing a proper opportunity to the assessee, raising concerns of natural justice violation.

2. The Revenue argues that the subsequent amendment to section 43B renders the claim of the assessee inadmissible. The CIT(A) upheld the addition citing the amendment. However, the ITAT Kolkata, in a related case, interpreted the impact of the amendment brought by the Finance Act, 2021. The Kolkata Bench held that if the employees' contribution is paid before the due date of filing the return, the deduction is allowable. This interpretation supports the assessee's position.

3. Considering the Kolkata Bench's interpretation and the legislative intent behind the amendment, the ITAT Delhi concurs that the amendment applies from Assessment Year 2020-21 onwards. As the assessee made the payments within the due date, the disallowance made during the return processing is unjustified. The Tribunal also refers to a Mumbai Tribunal decision emphasizing the limited scope of disallowance under section 143(1) of the Act.

4. Ultimately, the ITAT Delhi allows the appeal, directing the Assessing Officer to delete the impugned addition. The decision aligns with the Kolkata Bench's interpretation and ensures compliance with the legislative intent of the amendment. The order emphasizes the importance of adhering to established judicial precedents and principles of natural justice in tax assessments.

This detailed analysis of the judgment highlights the key issues raised in the appeal and the Tribunal's thorough consideration of legal interpretations and precedents to arrive at a reasoned decision.