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TMI Blog2022 (8) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... sistance of Ld. representatives, we have specifically gone through the record and find that payments have been made within the due dates of filing of the return. With the above observation, these appeals of the assessee are treated as allowed. The disallowances stand deleted - Decided in favour of assessee. - I.T.A. No. 407/KOL/2022 - - - Dated:- 22-7-2022 - Rajpal Yadav, Vice President And Girish Agrawal, Member (A) For the Appellant : Swati Baid, FCA For the Respondents : Ranu Biswas, Addl. CIT ORDER Per Rajpal Yadav, Vice President (KZ) Smt. Swati Baid, Ld. Authorized Representative of the assessee-company has filed an application dated 18th July, 2022 for grant of out of turn hearing. The Ld. Counsel for the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of the issue, which is being covered one, we not only grant early hearing but also proceed to decide the appeal itself inspite of objection of Ld. D.R. 3. We proceed to decide the appeal on merit also. We have recently decided a large number of appeals on this issue. Recently we have considered this aspect in ITA Nos. 531 532/KOL/2021, wherein we took note of the earlier order of ITAT, Kolkata dated 09.03.2022 whereby the Tribunal considered the impact of amendment brought into section 36(1) as well as 43B by Finance Act, 2021. The discussion made in that order read as under: 3. On due consideration of the above facts and circumstances, we find that ITAT, Kolkata has duly examined the amendment brought in by virtue of Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021, the provision of Section 36(1)(va) as well as Section 43B has been amended to this extend by inserting the Explanation 2 whereby it is clarified that the provision of Section 43B shall not apply and shall be deemed never to have been applied for the purpose of determining the due date under this clause. For ready reference, we reproduce the Explanation-2 to Section 36(1)(va) as under: Section 36(1)(va) Explanation-2-For the removal of doubts, it is hereby clarified that the provisions of Section 43B shall not apply and shall be deemed never to have been applied for the purpose of determining the 'due date' under this clause' 18. We find that this amendment has been brought in the Act to provide certainty ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amendment shall take effect from 1st April, 2021 and therefore will accordingly apply to Assessment Year 2021-22 and subsequent years. So since the legislative intent is clear, the amendment brought in by Finance Act, 2021 on this issue as discussed is prospective and Ld. CIT(A) erred in holding otherwise. So till AY 2021-22, the Jurisdictional High Court's view in favor of assessee will hold good and is binding on us. As discussed the decision of the Hon'ble Delhi High Court in Bharat Hotels Ltd. (supra) which was in favor of revenue has not considered the decision of the Co-ordinate Division Bench decision in M/s. Aimil Ltd. (supra) which is in favor of assessee. So we note that later decision of the Delhi/Hyderabad Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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