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TMI Blog2022 (6) TMI 1520X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the respective legislations but before the time stipulated for filing return u/s 139(1). In our opinion, this issue is no more res integra in view of several judgments allowing deduction u/s 36(1)(va) of employees share of contribution deposited after due date under the respective Acts but before the date prescribed u/s 139 of the Act. As decided in Nipso Polyfabriks Ltd.[ 2012 (11) TMI 592 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various Hon ble High Courts including the one in CIT vs. Nipso Polyfabriks Ltd [ 2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT] squarely applies , thereby not warranting any disallowance since the amount in question was admittedly deposited before due date u/s 139(1) of the Act. The addition is therefore, directed to be deleted. Assessee appeal allowed. - SHRI R.S. SYAL, VICE PRESIDENT AND SH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SC) dated 08-03-2021 and 421 ITR 314. 3. The only issue raised in this appeal is against the confirmation of disallowance of Rs.10,54,797/- made by the Assessing Officer (AO) u/s.36(1)(va) of the Act on account of late deposit of the Employees share of EPF and ESI etc. 4. Briefly stated, the facts of the case are that the AO made disallowance of Rs.10,54,797/- in the intimation u/s.143(1) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there exists no difference between employees or employer s contribution and both are to be allowed as deduction if deposited before the due date. 6. At this juncture, it is relevant to mention that the Finance Act, 2021 has inserted Explanation 2 below section 36(1)(va) providing that the provisions of section 43B shall not apply for the purpose of determining the due date under this clause ..... X X X X Extracts X X X X X X X X Extracts X X X X
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