TMI Blog2022 (7) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions that the amendment to section 43B as well as section 36(1)(va) r.w.s. 2(24)(x) by the Finance Act, 2021 are prospective and not retrospective in nature. Since, the assessee in instant case has admittedly paid the employees contribution to PF and ESIC before the due date of filing of the return, therefore, we set aside the order of the CIT (A)/NFAC and direct the AO to delete the addition. The grounds raised by the assessee are accordingly allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ontribution to PF & ESI on the ground that the assessee failed to make the payments of employees' contribution to PF & ESI before the statutory due date and the Finance Act of 2021 had amended the provisions of section 36(1)(va) and section 43B which are clarificatory in nature. 6. Aggrieved with such order of the CIT (A)/NFAC the assessee is in appeal before the Tribunal. 7. The learned Counsel for the assessee referring to various decisions submitted that the co-ordinate benches of the Tribunal are taking the consistent view that where the employees' contribution to PF and ESIC are paid before the due date of filing of the return but after the statutory dates prescribed under the respective Act, no disallowance u/s. 36(1)(va) r.w.s. 2(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the same were deposited beyond the due date prescribed in the said Act. We find the CIT(A)/NFAC rejected the contention of the assessee that such payments though made after the stipulated dates prescribed in the said Acts, however these payments were made before the due date of filing of the return. He accordingly, upheld the action of the AO. We find the co-ordinate benches of the Tribunal are now consistently taking the view that no disallowance u/s. 36(1)(va) r.w.s. 2(24)(x) can be made on account of delayed payment of PF and ESIC, if such payments are made before the due date of filing of the return. It has further been held in these decisions that the amendment to section 43B as well as section 36(1)(va) r.w.s. 2(24)(x) by the Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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