Case Law Details
Sri. Yeruva Prasad Vs ACIT/DCIT (ITAT Bangalore)
The 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 i.e. 2018-19 & 2019-20. 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. Accordingly, we decide this issue in favour of the assessee and the disallowance made by the Assessing Officer is deleted.
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 01.10.2021 and 18.10.2021. The relevant assessment years are 20182019 and 2019-2020.
2. The grounds raised in both the appeals are identical, except for variation in figures, hence, we reproduce grounds raised for assessment year 2018-2019 (ITA No.588/Bang/2021) :-
Please become a Premium member. If you are already a Premium member, login here to access the full content.
