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Explanation 5 to section 43B effective only from 1st April 2021
Case Law Details
- Case Name
- Mai Manpower Solutions LLP Vs ADIT (CPC) (ITAT Nagpur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Nagpur
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Mai Manpower Solutions LLP Vs ADIT (CPC) (ITAT Nagpur)
Held that explanation 5 to section 43B has prospective effect. Hence, learned NFAC is not justified in disallowing the belated remittance of employees contribution to PF/ESI but paid within the due date of filing the return of income under the normal provisions of the I.T. Act.
Facts- Department disallowed Rs. 102699/- being belated payment of employees contribution to PF/ ESI. Accordingly, appeal was filed before CIT(A). Learned NFAC held that held that the Explanation 5 inserted to section 43B of the Act is only clarific...






