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TMI Blog2022 (4) TMI 1622X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to the A.Y. 2021-22 and subsequent assessment year. The amendment brought out by Finance Act 2021 does not apply to the assessment year under consideration. As far as the reliance of Revenue on the decision of Vedvan Consultants Pvt. Ltd. [ 2021 (8) TMI 1219 - ITAT DELHI] find that the various division Benches of the Delhi other Tribunal have held the delayed deposits of PF/ESIC Contributions to be allowable expenditure if the same are deposited with the appropriate authorities before filing of return of income by the assessee. It is settled law that when two judgments are available giving different views, then the judgment which is in favour of the assessee shall apply as held in case of Vegetable Products Ltd. [ 1973 (1) TMI 1 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. Assessing Officer/CPC in making aggregate addition of Rs .42,57,824/- on account of employee's contribution to ESI and EPF paid before the due date of filing the return and that too by recording incorrect facts and findings and without observing the principles of natural justice and without appreciating the facts and circumstances of the case and latest law in this regard. 2. That in any case and in any view of the matter, action of Ld. CIT(A] in confirming the action of Ld. Assessing Officer /CPC in making aggregate addition of Rs. 42,57,824/- on account of employee's contribution to ESI and EPF paid before the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited before the filing of return of income, no disallowance is called for and for aforesaid proposition, he relied on the decision in the case of Azamgarh Steel Power vs. CPC in ITA No. 1626/Del/2020 dated 31.05.2021 and CIT vs. AIMIL Ltd. [2010] 188 Taxman 265 (Delhi) and various other decisions. 9. Learned DR on the other hand supported the order of lower authorities and also placed reliance on the decision of Delhi Tribunal in the case of Vedvan Consultants Pvt. Ltd. vs DCIT in ITA No. 1312/Del/2020 order dated 26.08.2021. He also submitted that the amendment brought out by Finance Act 2021 would be applicable to the present case as by the amendment it has been clarified that provisions of Section 43B of the Act shall not apply and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21 does not apply to the assessment year under consideration. As far as the reliance of Revenue on the decision of Vedvan Consultants Pvt. Ltd. (supra) is concerned, I find that the various division Benches of the Delhi other Tribunal have held the delayed deposits of PF/ESIC Contributions to be allowable expenditure if the same are deposited with the appropriate authorities before filing of return of income by the assessee. Further, it is settled law that when two judgments are available giving different views, then the judgment which is in favour of the assessee shall apply as held in case of Vegetable Products Ltd. 82 ITR 192 by the Hon ble Supreme Court. I therefore, following the decision rendered by Hon ble Apex Court in the case of M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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