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TMI Blog2022 (9) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per Laxmi Prasad Sahu , Accountant Member This appeal by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), Delhi dated 12.5.2022 for the asst. year 2019-20 with the following substantive grounds of appeal : - "1. That the Intimation Order dt. 04.01.2021 passed by the Learned ADIT, CPC and confirmed by Hon'ble FM, in so far it is prejudicial t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pretation by Hon'ble High Court of Karnataka. 4. That the Appeal may be allowed on the above ground and any other grounds that the Appellant may be permitted to adduce at the time of hearing." 3. The ld. AR of the assessee said that the ld. CIT(A) failed to appreciate that CBDT Circular No. 22/2015 cannot override the provisions of section 43B and the amendments made in this regard in the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposits the concerned amount within the due date specified in the respective act then the assessee will get deduction as per sec. 36(1)(va) of the Act. The employee's contribution received is under sec. 36(1)(va) but not u/s. 43B of the Act. The amendment made by the Finance Act 2021 is only a clarificatory in nature, therefore, the order of the lower authorities should be restored. 5. We h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s' contribution/disallowance u/s. 43B of the Act as against employee's contribution u/s. 36(1)(va) of the Act; respectively. The similar issue has been decided by the Hyderabad Bench in the case of M/s. Chiphercloud India Pvt. Ltd., in ITA No. 1367/Hyd/2018 and also keeping in mind the fact that the same has been clarified to be applicable only with prospective effect from 1.4.2021, we hol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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