Case Law Details
Stirred Creative Advertising Pvt. Ltd. Vs DCIT (ITAT Bangalore)
We find no merit in the argument of the ld.DR since the explanation as provided in Finance Act, 2021 prescribes that the amendment in both sec.36(va) as well as 43B by inserting corresponding explanation that although impugned PF comes in the form of provision and the same is applicable from 1/4/2021 onwards only.
In the present case we are concerned with the asst. year 2017-18 and the amended provision could not be applied retrospectively as it is only applicable w.e.f 1/4/2021. Being so no disallowance could be made by the AO in respect of PF/ESI paid within the due date of filing return of income. Though, it was beyond the date mentioned in the respective Act. This view of ours is supported by various judgment relied on by the ld.AR. Accordingly the appeal of the assessee is allowed.
FULL TEXT OF THE ORDER OF ITAT BANGALORE
These appeals by the assessee are directed against the order of the CIT(A)-11 dated 22/9/2021 for the asst. years 201819 and 2019-20.
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