Case Law Details
Maheshwari Woods Pvt. Ltd. Vs DCIT (ITAT Bangalore)
Amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration as these are applicable from assessment year 2021-2022. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra), the employees’ contribution paid by the assessee before the due date of filing of return of income u/s 139(1) of the I.T.Act is an allowable deduction.
FULL TEXT OF THE ORDER OF ITAT BANGALORE
These appeals at the instance of the assessee are directed against two orders of the CIT(A) dated 07.09.2021 and 28.09.2021, respectively, and it relate to assessment years 2018-2019 and 2019-2020.
2. The ground raised in both the appeals is identical, i.e., whether the CIT(A) is justified in disallowing employees’ contribution to PF & ESI, which was paid before the due date of filing of the return of income u/s 139(1) of the I.T.Act.
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