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August 2021

ITAT holds that amendments of Finance Act, 2021 to section 43B and 36(1)(va) apply prospectively

By Jagdish T. Punjabi | Prachi Parekh | Chartered Accountants
Devendra Jain | Advocate
Reading Time 1 mins
32 Crescent Roadways Pvt. Ltd. [2021] TS-510-ITAT-2021 (Hyd)] A.Y.: 2015-16; Date of order: 1st July, 2021 Section 43B, 36(1)(va)

ITAT holds that amendments of Finance Act, 2021 to section 43B and 36(1)(va) apply prospectively

FACTS

The assessee company had remitted employees’ contribution towards PF, ESI before the due date of filing return u/s 139(1) – but after the due date prescribed in the corresponding PF, ESI statutes. For the year under consideration, the A.O. disallowed the amounts on the ground that they had been remitted after the due date prescribed in the corresponding statute, i.e., under the PF / ESI Acts. On appeal, the CIT(A) confirmed the disallowance.

Aggrieved, the assessee preferred an appeal with the Tribunal.

HELD


The Tribunal held that the legislative amendments incorporated in sections 36(1)(va) and 43B by the Finance Act, 2021 are prospective in application and are therefore applicable w.e.f. 1st April, 2021. Therefore, the disallowance of employees’ contributions towards PF, ESI for the A.Y. under consideration was not sustainable and accordingly deleted the additions made on account of such disallowance.

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