Case Law Details
G. D. Builders Vs. JCIT (ITAT Delhi)
The Coordinate Bench of the Tribunal in the Continental Restaurant Café Company Vs. ITO reported in (2021) 91 ITR 5(SN) 60 (Bang.) and Ananda Bhavan Sweets India Pvt. Ltd. Vs. ITA No. 402 and 403/Chny/2021 order dated 8/12/2021 has already held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.
FULL TEXT OF THE ORDER OF ITAT DELHI
The above appeal has been preferred by the assessee against the order of Commissioner of Income Tax Appeals-20, New Delhi (“CIT(A)” in short) dated 30/05/2018 arising out of the assessment order dated 23/12/2016 for AY 2013-14 passed by the Assessing Officer u/s 143(3) of IT Act.
2. As per the grounds of appeal, the assessee is aggrieved by the addition of Rs. 6,75,582/- and Rs. 14,197/- respectively which, being the EPF and ESI deposited after the due date prescribed under Employees Provident Funds and miscellaneous Act 1952, but deposited before the due date of filing return of income u/s 139(1) of Income Tax Act.
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