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2022 (10) TMI 293

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..... ate under this clause w.e.f. 01.04.2021. The effect of this amendment is that if the amount of employees contribution towards EPF, ESI, etc is delayed by an employer beyond the due date under the respective Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s 139 of the Act. Memorandum explaining the provisions of the Finance Bill, 20 .....

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..... ICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY , JUDICIAL MEMBER Assessee by : None Revenue by : Shri Ramnath P. Murkunde ORDER PER R. S. SYAL , VP : This appeal by the assessee is directed against the order passed by the National Faceless Appeal Centre (NFAC), Delhi on 15-09-2021 in relation to the assessment year 2019-20. 2. The only issue raised in this appeal is a .....

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..... I and paid the same after the due date under the respective legislations but before the time stipulated for filing return u/s 139(1) of the Act for the year under consideration. This fact has been acknowledged in the assessment order. The issue of disallowance in such circumstances is no more res integra in view of several judgments allowing deduction u/s 36(1)(va) of employees share of contribut .....

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..... Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s 139 of the Act. The Memorandum explaining the provisions of the Finance Bill, 2021, provides that this amendment will take effect from 1st April, 2021 and will, accordingly apply in relation to assessment year 2021-2022 and subsequent assessment years. Since the assessment year under c .....

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