Mohan Ram Chaudhary Vs ITO (ITAT Jodhpur)
Conclusion: Addition on account of deposits of employees’ contribution of ESI and PF prior to the filing of return of income u/s 139(1) could not be disallowed under section 43B read with section 36(1)(va) if the same was prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5.
Held: The only issue involved related to the sustenance of the addition made by AO on account of late deposit of employees share of PF & ESI which were deposited after the due date but before the due date of filing of return of income. It was held that additions made by AO and sustained by CIT(A) on account of deposits of employees contribution of ESI & PF prior to filing of the return of income u/s 139(1), in all the years under consideration prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5, were deleted as the same could not be disallowed under section 43B read with section 36(1)(va).
FULL TEXT OF THE ORDER OF ITAT JODHPUR
These three appeals by different assessees are directed against the separate orders of the CIT(Appeal), National Faceless Appeal Centre, (NFAC) Delhi as per the following details:-
