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TMI Blog2024 (9) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ibution is made under NPS before due date of filing Return of Income. NPS is regulated by Pension Fund Regulatory and Development Authority and PFRDA Act, 2013. There is no due date prescribed by the PFRDA as to when the payment is required to be made to the NPS account. Further section 12[3][iii] of the PFRDA Act, 2013 clearly prohibits the provisions of this Act shall not apply to the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Thus the impugned adjustment made on the payment under NPS by CPC is not justified as there is no due date prescribed in the respective PFRDA Act, 2013 and all the payment has been duly made before filing of the Return of Income as per section 139[1] of the Act. Therefore the amount is treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to National Pension Scheme before the due date of filing of the Return of Income u/s. 139(1) of the Act, as there is no due date prescribed under the National Pension Scheme, thus there is no delay in payment of Employees contribution and therefore not to make any disallowance u/s. 36(1)(va) of the Act. However the above reply was rejected by CPC and added Rs. 29,85,610/- as the income of the assessee and demanded tax thereon. 3. Aggrieved against the same, the assessee filed an appeal before NFAC. Before NFAC, the assessee filed detail submission about National Pension Scheme as follows: National Pension System (NPS) is a pension cum investment scheme launched by Government of India to provide old age security to Citizens of India. It b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt year 2018-19 which was deleted by NFAC vide Order No. CIT(A)-1, Ahmedabad/10350/2019-20 dated 19.08.2020, therefore requested to delete the addition made by CPC. However ld. NFAC dismissed the appeal filed by the assessee following Supreme Court Judgment in the case of M/s. Checkmate Services Pvt. ltd. Vs. CIT in Civil Appeal No. 2833 of 2016 vide judgment dated 12.10.2022. 4. Aggrieved against the same, the assessee is in appeal before us raising the following Grounds of Appeal: 1. In law and in the facts and circumstances of the appellant's case, the Ld. CIT (A) has failed to appreciate that the payment of contribution to NPS was not falling within the purview of Section- 143(1)(a) of the Act and accordingly the adjustment made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed in the case of Shantigram Utility Services Pvt. Ltd. wherein such disallowance made by CPC was deleted by CIT(A), Gurgaon by following decision in the case of Adani Shipping (India) Pvt. Ltd. which reads as follows: 4.2.3 From the audit report furnished by the appellant in its reply. It is evident that the appellant has made all the payments towards NPS contribution (any other welfare it is evident that that fund) within stipulated time. Thus, I am of the view that the contention of the appellant that it had made all the payments in due time and hence eligible to get deduction on account of the same, is found to be correct. This interpretation is further supported by the order of CIT(A) NFAC in the case of Adani shipping (India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the above, the disallowance made by the CPC on account of late payment of employees contribution to NPS fund of Rs 2.37,585/- is hereby deleted and the ground of appeal raised by the appellant is allowed. In view of these facts and legal position, the ground of appeal taken by the appellant is allowed and the A.O. is directed to do the needful. 6. Per contra, the Ld.Sr. D.R. appearing for the Revenue supported the order passed by the Lower Authorities. 7. We have given our thoughtful consideration and perused the materials available on record. It is seen from the Return of Income, the assessee made deposit of Rs. 29,85,610/- being Employees contribution under any other welfare fund namely National Pension System (NPS). On perusal of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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