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TMI Blog2022 (6) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... date of return of income U/s. 139(1) of the Act. Accordingly, we set-aside the order of the CIT(A) and direct the assessing officer to delete the disallowance and allow the grounds of appeal in favour of the assessee. - ITA No. 2343/MUM/2021 - - - Dated:- 26-5-2022 - SHRI M. BALAGANESH ( ACCOUNTANT MEMBER ) AND SHRI PAVAN KUMAR GADALE ( JUDICIAL MEMBER ) Assessee by : None Revenue by : Ms. Samruddhi Hande , DR ORDER Per Pavan Kumar Gadale , JM The appeal is filed by the assessee against the order of Ld. Commissioner of Income Tax National Faceless Appeal Centre (NAFC) passed u/s. 143(1) and 250 of the Income Tax Act, 1961. The assessee has raised following grounds of appeal: 1. The assessee had filed its r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pported the order of the CIT(A) appeal. 5. We heard the Ld. DR submissions and perused the material available on record. The contentions are that the assessee is governed by the law applicable to said Assessment year. Whereas the amended provisions/explanations are w.e.f. F.Y. 1-4-2021. The assessee for the various reasons could not deposit the employees contribution to provident fund ESIC within the time allowed under prescribed Act. Whereas, the assessee has deposited the amount before filing of the return of income U/s. 139(1) of the Act. The Ld. CIT(A) has referred to chart at page 2 of the order, whereas there is a delay in depositing the employees contribution to provident fund and ESIC aggregating to Rs. 22,62,260/- The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding order, award, contract of service or otherwise , one cannot find fault in what has been reported in the tax audit report. It is not even an expression of opinion about the allowability of deduction or otherwise; it is just a factual report about the fact of payments and the fact of the due date as per the Explanation to Section 36(1)(va). This due date, however, has not been found to be decisive in the light of the law laid down by Hon'ble Courts above, and it cannot, therefore, be said that the reporting of payment beyond this due date in the tax audit report constituted disallowance of expenditure indicated in the audit report but not taking into account in the computation of total income in the return as is sine qua non for d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to whether if such an adjustment was to be permissible in the scheme of Section 143(1), whether the insertion of Explanation 2 to Section 36(1)(va), with effect from 1st April 2021, must mean that so far as the assessment years prior to the assessment years 2021-22 are concerned, the provisions of Section 43B cannot be applied for determining the due date under Explanation (now Explanation 1) to Section 36(1)(va). That question, in our humble understanding, can be relevant, for example, when a call is required to be taken on merits in respect of an assessment under section 143(3) or under section 143(3) r.w.s. 147 of the Act, or when no findings were to be given on the scope of permissible adjustments under section 143(1)(a)(iv). That is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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