9911796707
TMI Blog2022 (7) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... dence is available at page number seven 11 of the paper book which says that the last date for remittance for the due month of may 2017 is payable by 15/6/2017 is extended by one day i.e. extended up to 16/06/2017. Thereby it is apparent that when the assessee has deposited the above sum within that extended due date i.e. 16/6/2017, without going into the controversy whether the amendment made by the finance act 2021 is applicable retrospective or not, there is no delay in deposit of the employee s contribution. In nutshell, the employee s contribution has been deposited by the assessee within the due date prescribed under the respective provident fund laws. Thus, adjustment made by the Central processing centre is also not in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable to the relevant assessment year c. the learned CIT - A grossly erred in holding that the assessing officer is empowered to make the above adjustment while processing the return of income u/s 143 (1) of the act, even though the said adjustment related to a debatable issue. 3. The brief facts show that assessee is a public limited company carrying on the business of manufacturing and trading of diagnostic reagents and machines. It filed its return of income on 30/11/2018 at a total income of ₹ 143,964,197/-. This return was revised on 28/3/2019 at ₹ 142,563,326/-. 4. The return of income was processed u/s 143 (1) of the act according to which employees contribution to the provident fund remitted beyond the due date s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of provident fund contribution is made before the due date of filing of the return of income, no disallowance can be made. 7. The learned departmental representative vehemently supported the orders of the learned CIT - A and stated that if employees contribution paid before the due date of filing of the return of income but beyond the due dates prescribed in the respective provident fund laws, same cannot be allowed. He extensively referred to the order of the learned that CIT - A to show that amendment made by the finance act 2021 also clarifies the same and applies retrospectively. 8. We have carefully considered the rival contention and perused the orders of the lower authorities. The facts in the case clearly shows that the employ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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