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TMI Blog2022 (8) TMI 1526X X X X Extracts X X X X X X X X Extracts X X X X ..... w as taken by the Ao and ld CIT(A) is erroneous and same stands reversed. Appeal of the assessee stands allowed. - S/SHRI GEORGE MATHAN, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER For the Assessee : Shri S.S.Poddar, AR For the Revenue : Shri S.C.Mohanty, Sr ORDER This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi dated 5.11.2021 for the assessment year 2019-2020 2. Shri S.S.Popddar, ld AR appeared on behalf of the assessee and shri S.C.Mohanty, ld Sr DR appeared on behalf of the revenue. 3. It was submitted by ld AR that the only issue in this appeal was against the action of the ld CIT(A) in confirming the disallowance made by the AO in respect of PF and ESIC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Gwalior Rayon Silk Mfg. Co. Ltd. (1992) 196 ITR 149 (SC) it has held that provisions for deduction, exemption and relief should be interpreted liberally, reasonably and in favour of the assessee. 7.15 In CIT vs. Vegetable Products Ltd., 88 ITR 192 (SC): if two reasonable constructions of a taxing provisions are possible, that construction which favours the assessee must be adopted . 7.16 The Hon ble Supreme Court in the case of CIT Vs. Vatika Township Private Limited, (2014) 367 ITR 466 (SC) has held that the intention of the legislature regarding amendment in the Finance Act, was to make it prospective in nature, which cannot be treated as declaratory/statutory or curative in nature. The relevant observations of the Hon ble Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... July, 2022 in ITA No.227/2022, wherein, in para 44, Hon ble High Court has categorically held that the amendment to section 36(1(va), which is for removal of doubts cannot be presumed to be retrospective even where such language is used, if it alters or changes the law as it earlier stood. As the law earlier to amendment was that the disallowance could not be made in respect of PF and ESIC, if the said amount was paid before the due date of filing of return under the Income tax Act though paid after the due date under the respective Act, but same are allowable. 5. In reply, ld Sr DR supported the order of the AO and ld CIT(A). It was the submission that the amendment to section 36(1)(va) r.w.s 43B should be retrospective. It was the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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