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TMI Blog2022 (2) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... due before filing of the return of income u/s 139(1)We direct the AO to delete the addition made towards employees PF ESI contribution and confirmed by the CIT (A) and accordingly, the grounds raised by the assessee on this issue are allowed. - ITA Nos. 493 And 494/Hyd/2021 - - - Dated:- 19-1-2022 - Shri Laxmi Prasad Sahu, Accountant Member And Shri Duvvuru Rl Reddy, Judicial Member For the Assessee : Shri P. Murali Mohan Rao For the Revenue : Shri Rohit Mujumdar ORDER PER BENCH.: Both these appeals filed by the assessee are directed against CIT(A) 11, Hyderabad s orders dated 11/10/2021 for AYs 2017-18 2018-19 involving proceedings u/s 143(1) of the Income Tax Act, 1961. 2. The only issue involved in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently, when we received a notice of demand from the A 0 on 18.02.2020. we approached our Chartered Accountant, who advised us to file an appeal before the Hon'ble CIT(A) and that is the reason why appeal could be filed on 21.02.2020 with the delay of 446 days as the appeal was due for filing on 02.12.2018 and instead of that the same is being filed on 21.02.2020. The delay in filing of the appeal may please be condoned and as the delay in filing the appeal is for sufficient and genuine reasons. In view of the above reasons, the delay may please be condoned and the appeal may please be considered as due to circumstances which were beyond the control of the Assessee. The revised condonation petition which was filed subsequently dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant had filed a rectification petition uls 154 with the AO for allowing employer's contribution to PF ESI and employees' contribution of PF ESI paid before the date of filing of return. In this regard, it is to be noted that with regard to the employees' contribution of PF ESI, the Honble Apex Court has dismissed the SLP of the Department against the order of the Honble Rajasthan High Court in the case of Rajasthan State Beverages Corporation. Ltd in ITA No. 150 of 2016 dated 08.06.2016 which granted relief in the favour of assessee and had held that the employees' contribution of PF ESI paid before the date of filing of return is an allowable expenditure. Since the issue under appeal is a settled issue, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the same had to be deposited before the due date prescribed in the corresponding statute than the due date for filing Section 139(1) return. The Revenue s case in tune thereof relies on Section 36(va) read with explanation thereto that it is not Section 43B but the former provision which is applicable in such an instance. We find no merit in the Revenue s foregoing stand. We take note of the explanatory memorandum to the Finance Act, 2021 proposing amendment in both Section 36(va) as well as Section 43B by inserting corresponding Explanations that although the impugned employees provident fund comes under the former provision only, the same is applicable from 01-04-2021 onwards. Meaning thereby that the legislature itself has cond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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